ROWE v. CITY OF LITTLE ROCK, 1999 AWCC 159

CLAIM NO. E701101

ANGELA C. ROWE, EMPLOYEE, CLAIMANT v. CITY OF LITTLE ROCK, EMPLOYER, RESPONDENT and ARKANSAS MUNICIPAL LEAGUE, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 26, 1999

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

Claimant represented by J. STEPHEN HOLT, Attorney at Law, Little Rock, Arkansas.

Respondent represented by J. CHRIS BRADLEY, Attorney at Law, North Little Rock, Arkansas.

[1] ORDER
[2] This matter is presently before the Full Commission on remand from the Court of Appeals. In its Opinion delivered April 14, 1999, the Court stated:

. . . given the undisputed evidence that the appellant began to incur problems with her knee giving way after her January 15, 1997 knee injury, and that these problems continued, we must conclude that the May 31, 1997 incident was causally related to the January 15, 1997 injury.

[3] Accordingly, the Court of Appeals reversed our finding that the claimant sustained an independent intervening injury on May 31, 1997, which severed respondent’s liability and remanded this claim for a finding consistent with its Opinion. [4] Accordingly, we hereby find that the May 31, 1997 incident was not an independent intervening cause sufficient to sever respondent’s liability for benefits resulting from claimant’s January 15, 1997 compensable knee injury. As noted by the Court of Appeals, the evidence indicates that claimant began having problems with her knee giving way shortly after the incident and that those problems continued. Therefore, the evidence reflects that the May 31, 1997 incident is causally related to claimant’s January 15, 1997 compensable injury. [5] This matter is, therefore, hereby remanded to the Administrative Law Judge to make further findings with regard to claimant’s entitlement, if any, to benefits subsequent to May 31, 1997. [6] IT IS SO ORDERED. [7] _______________________________
ELDON F. COFFMAN, Chairman _______________________________ PAT WEST HUMPHREY, Commissioner _______________________________ MIKE WILSON, Commissioner