SEWARD v. THE BUD AVANTS COMPANY, 1999 AWCC 105

CLAIM NO. D902929

JERRY L. SEWARD, EMPLOYEE, CLAIMANT v. THE BUD AVANTS COMPANY, EMPLOYER, RESPONDENT and ROCKWOOD INSURANCE, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 8, 1999

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

Claimant represented by DAVID H. MCCORMICK, Attorney at Law, Russellville, Arkansas.

Respondent represented by WILLIAM H. TRICE, III, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter is currently before the Commission on remand from the Court of Appeals. In its Opinion delivered February 10, 1999, the Court of Appeals affirmed the findings of the Full Commission that this Commission had jurisdiction to calculate the amount of claimant’s attorney’s fee and specify by whom it was to be paid, and finding that claimant’s one-half of the attorney’s fee awarded should be deducted from any accrued benefits or by withholding 10% of claimant’s bi-weekly benefit checks until claimant’s proportionate share of the attorney’s fee is paid in full. However, the Court of Appeals reversed the finding of the Commission wherein we discounted claimant’s portion of the attorney’s fees on the grounds that claimant’s portion of the fee was not paid in a lump sum. In its Opinion, the Court of Appeals stated:

Therefore, we reverse as to this point and remand this matter to the Commission for the entry of an Order providing for the payment of [claimant’s] portion of the fee in installments from benefits payable to him, without discount. In doing so, we recognize there has probably already accrued, as a percentage of benefits already received by [claimant], a significant sum of unpaid attorney’s fees. On remand, the Commission should establish an appropriate schedule for the payment of those previously accrued, but unpaid, attorney’s fees.

[3] Accordingly, in accordance with the Court of Appeals’ Opinion, we remand this claim to an Administrative Law Judge with instructions to enter an Order providing for the payment of claimant’s portion of the attorney’s fee and installments from benefits payable to claimant without discount, and to establish an appropriate schedule for the payment of previously accrued, but unpaid attorney’s fees. On remand, the Administrative Law Judge is instructed to conduct any and all further proceedings necessary in order to carry out this Order. [4] IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman _______________________________ PAT WEST HUMPHREY, Commissioner _______________________________ MIKE WILSON, Commissioner