CLAIM NO. E614038

JEANNIE C. SMITH, EMPLOYEE, CLAIMANT v. OWENS FERGUSON, EMPLOYER, RESPONDENT and AMERICAN STATES, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 24, 1999

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

Claimant represented by the HONORABLE GARY DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondent represented by the HONORABLE TERENCE JENSEN, Attorney at Law, Benton, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on the respondents’ motion for clarification. The respondents seek clarification regarding the status of the respondents’ prior request to submit additional evidence. The respondents requested an opportunity to submit additional evidence as to whether or not the claimant could establish that her injury was caused by aspecific incident at work. However, in our opinion and order filed on September 14, 1999, a majority of the Full Commission found that the claimant established by a preponderance of the evidence that she sustained a compensable gradual onset back injury. Therefore, the respondents’ prior request to submit additional evidence regarding an alleged specific incident at work was rendered moot by the majority’s finding that the claimant proved that she sustained a compensable gradual onset injury.

[3] IT IS SO ORDERED.

[4] _______________________________
ELDON F. COFFMAN, Chairman

_______________________________
PAT WEST HUMPHREY, Commissioner

[5] Commissioner Wilson concurs.

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