MILLER v. CONCORDIA CARE CENTER, 2001 AWCC 201

CLAIM NO. E911074

ROYLENE MILLER, EMPLOYEE, CLAIMANT v. CONCORDIA CARE CENTER, EMPLOYER, RESPONDENT, ARGONAUT INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 10, 2001

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

Claimant represented by the HONORABLE JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by the HONORABLE LAURA ANDRESS, Attorney at Law, Fayetteville, Arkansas.

Decision of the Administrative Law Judge: Vacated and remanded.

ORDER
The respondents appeal an opinion and order filed by the Administrative Law Judge on April 18, 2001. In that opinion and order, the Administrative Law Judge found that a myelogram and CT proposed by Dr. William Kendrick are reasonably necessary medical treatment for the claimant’s work-related injury. However, the respondents contended prior to the hearing that this request for treatment was barred under the res judicata doctrine in light of the Administrative Law Judge’s findings in a prior opinion filed on June 28, 2000.

We fail to see where the Administrative Law Judge’s April 18, 2001 opinion and order addresses the res judicata issue timely raised by the respondents. We remand this case to the Administrative Law Judge for additional findings in light of the res judicata issue presented in this case.

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner