SALLY v. REDGIE JOHNSON ENTERPRISE, 2009 AWCC 166

CLAIM NO. F610742

ROBERT SALLY, EMPLOYEE CLAIMANT v. REDGIE JOHNSON ENTERPRISE, INC., EMPLOYER RESPONDENT COMMERCE INDUSTRY INS. CO., INSURANCE CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED OCTOBER 8, 2009

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

Claimant represented by the Honorable John Barttelt, Attorney at Law, Jonesboro, Arkansas.

Respondents represented by the Honorable Melissa Wood, Attorney at Law, Little Rock, Arkansas.

Decision of Administrative Law Judge: Affirmed and Adopted.

OPINION AND ORDER
This matter is currently before the Full Commission on remand from the Arkansas Court of Appeals. In an opinion delivered March 18, 2009, the Arkansas Court of Appeals reversed and remanded for an award of benefits the decision of the Full Commission which had reversed the decision of the Administrative Law Judge. Pursuant to this remand, the Full Commission is affirming and adopting the May 24, 2007 opinion and order of the Administrative Law Judge in its entirety.

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In said order, the Administrative Law Judge made the following findings of fact and conclusions of law:

1. The Arkansas Workers’ Compensation Commission has jurisdiction of this claim.
2. On or about September 1, 2006, the relationship of employee-employer-carrier existed among the parties.
3. On or about September 1, 2006, the claimant earned wages sufficient to entitle him to weekly compensation benefits of $204.00/$154.00, for temporary total/permanent partial disability.
4. On or about September 1, 2006, the claimant sustained an injury in the form of bilateral carpal tunnel syndrome arising out of and in the course of his employment.
5. The claimant was temporarily totally disabled for the period October 11, 2006, and continuing through the end of his healing period, or until such time as he return (sic) to appropriate employment, a date to be determined.
6. The respondent had notice that the claimant was experiencing symptoms of a work-related injury as of mid-August 2006. The claimant did not become aware of the causal nexus of his injury to his employment duties until the August 31, 2006, emergency room visit, for emergency medical treatment. Though furnished with notice of reporting procedures, claimant did not claim his injury as a work-related injury for the purpose of workers’ compensation benefits until September 20, 2006. The claimant (sic) failure to give notice of injury to respondent prior to September

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20, 2006, is excused, pursuant to Ark. Code Ann. § 11-9-701(b)(1).
7. The respondent shall pay all reasonable hospital and medical expenses arising out of the injury or on or about September 1, 2006.
8. The respondents have controverted this claim in its entirety.

We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge’s decision is supported by a preponderance of the credible evidence, correctly applies the law, and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings made by the Administrative Law Judge are correct and they are, therefore, adopted by the Full Commission.

We therefore affirm the May 24, 2007, decision of the Administrative Law Judge, including all findings of fact and conclusions of law therein, and adopt the opinion as the decision of the Full Commission on remand from the Arkansas Court of Appeals.

All accrued benefits shall be paid in a lump sum without discount and with interest thereon at the lawful rate from the date of the Administrative Law Judge’s decision in accordance with Ark. Code Ann. § 11-9-809 (Repl. 2002).

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Since the claimant’s injury occurred after July 1, 2001, the claimant’s attorney’s fee is governed by the provisions of Ark. Code Ann. § 11-9-715 as amended by Act 1281 of 2001. Compare Ark. Code Ann. § 11-9-715 (Repl. 1996) with Ark. Code Ann. § 11-9-715 (Repl. 2002). For prevailing on this appeal before the Full Commission, the claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $500.00 in accordance with Ark. Code Ann. § 11-9-715(b) (Repl. 2002).

IT IS SO ORDERED.

________________________________ A. WATSON BELL, Chairman

________________________________ PHILIP A. HOOD, Commissioner

Commissioner McKinney dissents.

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