MEMS v. MEADOWBROOK COUNTRY CLUB, INC, 2006 AWCC 10

CLAIM NO. F500524

LILLIE M. MEMS, EMPLOYEE, CLAIMANT v. MEADOWBROOK COUNTRY CLUB, INC., EMPLOYER, RESPONDENT WESTPORT INSURANCE CORP., INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JANUARY 23, 2006

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant appears pro se.

Respondents represented by the Honorable William C. Frye, Attorney at Law, Little Rock, Arkansas.

Decision of Administrative Law Judge: Remanded.

ORDER
This matter is currently before the Full Commission on the respondent’s appeal from an opinion filed by an administrative law judge on August 1, 2005. In that opinion, the administrative law judge refused to allow the respondent to call witnesses or offer medical records or any other documentary evidence for inclusion in the record due to its failure to file a timely response to the prehearing questionnaire or avail themselves of the scheduled prehearing conference. The Full Commission finds this action to be proper. However, it appears that during the hearing of May 27, 2005, the administrative law judge did not give the respondent the opportunity to state its contention(s), and he failed to make a ruling on the statute of limitations issue.

The Full Commission therefore remands this case to the administrative law judge for him to give the respondent the opportunity to state its contention(s), and for the administrative law judge to make a finding on the statute of limitations issue.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner