SWAIM v. WAL-MART ASSOCIATES, INC., 2005 AWCC 136

CLAIM NO. F107476

WOODROW SWAIM, EMPLOYEE, CLAIMANT v. WAL-MART ASSOCIATES, INC., EMPLOYER, RESPONDENT NO. 1, CLAIMS MANAGEMENT, INC., INSURANCE CARRIER/TPA RESPONDENT NO. 1, SECOND INJURY FUND, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 7, 2005

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

Claimant represented by the HONORABLE TOM THOMPSON, Attorney at Law, Batesville, Arkansas.

Respondents No. 1 represented by the HONORABLE PATRICK SPIVEY, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the HONORABLE JUDY RUDD, Attorney at Law, Little Rock, Arkansas.

ORDER
The Arkansas Court of Appeals has reversed the Commission in the above-styled matter and has remanded for proceedings consistent with the Court’s opinion. Swaim v. Wal-Mart Associates, Inc., CA 04-1116 (May 25, 2005). The Court of Appeals has held, “In summary, this was a specific — incident injury arising out of and in the course of employment. The finding that this was a non-compensable idiopathic injury is not supported by substantial evidence. We reverse and remand for proceedings consistent with this opinion.”

The Full Commission therefore remands this case to an administrative law judge for additional proceedings. The administrative law judge shall conduct those proceedings necessary to adjudicate the issues raised in the March 11, 2003 pre-hearing order as clarified at the hearing held on May 16, 2003.

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner