WARREN v. H L POULTRY PROCESS., 2007 AWCC 15

CLAIM NO. F209440

WILLIAM F. WARREN, EMPLOYEE CLAIMANT v. H L POULTRY PROCESSING LLC, EMPLOYER RESPONDENT NO. 1 SECURITY INSURANCE CO. OF HARTFORD, C/O THE INSURANCE LINK, INSURANCE CARRIER/TPA RESPONDENT NO. 1 COMMERCE INDUSTRY INSURANCE CO., C/O AIG CLAIM SERVICES, INSURANCE CARRIER/TPA RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JANUARY 26, 2007

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

Claimant represented by the HONORABLE KENNETH A. HARPER, Attorney at Law, Monticello, Arkansas.

Respondents No. 1 represented by the HONORABLE LEE J. MULDROW, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the HONORABLE JOHN P. TALBOT, Attorney at Law, Pine Bluff, Arkansas.

ORDER
In the above-styled matter, the Arkansas Court of Appeals has affirmed the Commission’s finding that the claimant sustained a compensable injury to his left wrist, and that Respondent No. 1 bears liability for temporary total disability compensation and reasonably necessary medical treatment. See, Warren v. H L Poultry, LLC, CA-06-156 (Dec. 13, 2006). The Court of Appeals has reversed the Full Commission’s finding that the claimant was not entitled to temporary total disability while he was receiving unemployment benefits. The Court has directed the Commission “to first determine the end of appellant’s healing period. After that determination is made, then the Commission can calculate the extent to which the temporary total disability benefits otherwise payable exceed the unemployment benefits awarded in accordance with Ark. Code Ann. § 11-9-506(b).”

Although the parties stipulated to a temporary total disability rate, there is no evidence of record showing the amount of unemployment benefits received by the claimant. The Full Commission is thus unable to calculate the extent to which temporary total disability would exceed unemployment benefits in the present matter. Therefore, we remand this case to an administrative law judge. In accordance with the remand from the Court of Appeals, the Full Commission directs the administrative law judge to conduct those proceedings necessary to adjudicate the end of the claimant’s healing period, and to calculate the extent to which payment of temporary total disability compensation will exceed unemployment benefits received by the claimant.

IT IS SO ORDERED.

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OLAN W. REEVES, Chairman

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KAREN H. McKINNEY, Commissioner

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PHILIP A. HOOD, Commissioner