WHITLATCH v. SOUTHLAND LAND AND DEVELOPMENT, 2004 AWCC 44

CLAIM NO. E802250

CHARLES WHITLATCH, EMPLOYEE, CLAIMANT v. SOUTHLAND LAND AND DEVELOPMENT, EMPLOYER, RESPONDENT, THE TRAVELERS, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 10, 2004

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

Claimant represented by HONORABLE GREGORY R. GILES, Attorney at Law, Texarkana, Arkansas.

Respondents represented by HONORABLE ROBERT MONTGOMERY, Attorney at Law, Little Rock, Arkansas.

ORDER
In an opinion delivered January 21, 2004, the Arkansas Court of Appeals reversed the opinion of the Commission and remanded for an award of permanent total disability benefits. Therefore, in accordance with the Court’s mandate, we find that claimant has proven by a preponderance of the evidence that he is entitled to benefits for permanent total disability.

Respondents are directed to comply with the award set forth herein. 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 opinion of the Administrative Law Judge in accordance with Ark. Code Ann. § 11-9-809
(Repl. 2002).

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner

Commissioner McKinney not participating.