CLAIM NO. E906933
Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 14, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE PHILIP M. WILSON, Attorney at Law, Little Rock, Arkansas.
Respondents represented by HONORABLE ERIC NEWKIRK, Attorney at Law, West Memphis, Arkansas.
Decision of the Administrative Law Judge: Vacated and remanded.
OPINION AND ORDER
The respondents appeal an Administrative Law Judge’s opinion filed June 3, 2002. The Administrative Law Judge found that the claimant sustained an injury arising out of and in the course of her employment. The Administrative Law Judge found that the claimant was entitled to temporary total disability compensation, permanent partial disability, and reasonably necessary medical treatment.
The claimant contends that “she sustained an admittedly compensable injury to her neck and arms as a result of her rapid and repetitive work.” The claimant must therefore prove by a preponderance of the evidence that she sustained an injury causing internal or external physical harm to the body, arising out of and in the course of employment, and caused by rapid repetitive motion. Ark. Code Ann. §11-9-102(4)(A)(ii) (Repl. 2002). The claimant must also establish a compensable injury by medical evidence supported by objective findings. Ark. Code Ann. § 11-9-102(4)(D). Finally, the claimant must prove that the alleged compensable injury was the major cause of the disability or need for treatment. Ark. Code Ann. § 11-9-102(4)(E)(ii). See alsoHapney v. Rheem Manufacturing Company, 342 Ark. 11, 26 S.W.3d 777
(2000).
Notably absent from the Administrative Law Judge’s Conclusions section is any analysis or discussion regarding whether the claimant established a compensable injury with objective medical findings. Also notably absent is any analysis regarding whether the claimant proved by a preponderance of the evidence that the alleged compensable injury was the major cause of the disability or need for treatment. The Full Commission therefore vacates the Administrative Law Judge’s June 3, 2002 opinion. We remand this matter to the Administrative Law Judge, and we direct the Administrative Law Judge to enter findings of fact on each relevant statutory element of Act 796 of 1993.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner