MILLIGAN v. WEST TREE SERVICE, 1997 AWCC 309

CLAIM NO. E107020

STEVEN RAY MILLIGAN, EMPLOYEE, CLAIMANT v. WEST TREE SERVICE, EMPLOYER, RESPONDENT and U.S.F. G., CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 1, 1997

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

Claimant represented by the HONORABLE DAVID J. POTTER, Attorney at Law, Texarkana, Texas.

Respondents represented by the HONORABLE JAMES TILLEY and the HONORABLE CAROL WORLEY, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission on remand from the Court of Appeals. In an opinion delivered on April 2, 1997, the Court held that the claimant’s most recent healing period, which began on May 13, 1992, did not end on November 13, 1992, as found by the Commission. The Court held that the claimant has remained within that healing period from May 13, 1992, through the entire period covered by the record, which ends on April 2, 1996, and to a date yet to be determined. The Court also held that the claimant’s attorney is entitled to a fee on the claimant’s entire claim of temporary total disability pursuant to Ark. Code Ann. § 11-9-715 (1987), because the entire claim was controverted.

[3] The April 2, 1997, opinion remands this case to the Commission to award claimant’s attorney the appropriate fee and to consider assessing a penalty against the respondents for refusal to pay rightfully due benefits on time pursuant to Ark. Code Ann. § 11-9-802(b) (1987). In addition, the Court remanded to the Commission to take additional evidence regarding the claimant’s surgery in Houston, his recovery period, and up-to-date medical records to determine his current status. In a supplemental opinion delivered on June 4, 1997, the Court withdrew the directive that the Commission consider assessing a penalty against the respondents. [4] We find that the claimant’s attorney is entitled to the maximum statutory attorney’s fee on the claimant’s entire claim of temporary total disability benefits. In addition, we remand this case to the administrative law judge to take additional evidence regarding the claimant’s surgery in Houston, his recovery period, and up-to-date medical records to determine his current status. [5] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[6] Commissioner Wilson concurs.