CLAIM NO. F004974
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 13, 2003
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE LAWRENCE FITTING, Attorney at Law, Fort Smith, Arkansas.
Respondents No. 1 represented by HONORABLE J. DAVID WALL, Attorney at Law, Fayetteville, Arkansas.
Respondent No. 2 represented by HONORABLE DAVID PAKE, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Commission on Respondent No. 1’s motion to assess the cost of a copy of the hearing transcript against the Second Injury Fund pursuant to Commission Rule 20.
After our consideration of Respondent No. 1’s motion, the Second Injury Fund’s objection thereto, and all other matters properly before the Commission, we find that Respondent No. 1’s motion must be denied.
The Administrative Law Judge found that claimant sustained an aggravation of a preexisting back condition; that claimant sustained a permanent anatomical impairment of 11% to the body as a whole; and that the Second Injury Fund was liable for wage-loss disability benefits in an amount equal to 20% to the body as a whole. The Second Injury Fund has appealed and claimant has cross-appealed to the Full Commission.
According to Respondent No. 1’s motion, it received and paid a bill in the amount of $482.50 from the court reporter for the expense of taking and transcribing the hearing. The court reporter provided an original and two copies of the hearing transcript. Thereafter, Respondent No. 1 received a second statement for $151.75 from the court reporter for yet another copy of the hearing transcript that was sent to the Second Injury Fund. Apparently, the court reporter also attached a letter from the Second Injury Fund refusing to make payment. Respondent No. 1 did not present a copy of this letter to the Commission for review in considering its motion.
Commission Rule 20 prohibits assessing the expense of taking and transcribing a hearing against the Second Injury Fund, unless the Commission or the Administrative Law Judge determines that such an expense is justified and directs the Second Injury Fund to pay it or a portion thereof.
We find that the motion should be presented to, and decided first by, the Administrative Law Judge. A record on this matter needs to be developed by the parties to answer such questions as (1) whether the Second Injury Fund specifically requested that the court reporter provide it with a copy of the hearing transcript; (2) whether the court reporter, on her own, sent a copy to the Second Injury Fund; (3) whether the court reporter’s charges for the copy are reasonable; and (4) whether the Second Injury Fund should be assessed the expense of the copy or any portion thereof.
Finally, we will not hold in abeyance the issues appealed by claimant and the Second Injury Fund. This case remains scheduled for submission on May 21, 2003.
Accordingly, we find that Respondent No. 1’s motion to assess the cost of a copy of the hearing transcript against the Second Injury Fund should be, and hereby is, denied. This motion must be directed to the Administrative Law Judge.
IT IS SO ORDERED.
______________________________ OLAN W. REEVES, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner