CLAIM NO. E315866
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 13, 1998
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by CHARLES R. PADGHAM, Attorney at Law, Hot Springs, Arkansas.
Respondent represented PRO SE.
Decision of Administrative Law Judge: Affirmed.
[1] OPINION AND ORDER[2] Respondent appeals from a decision of the Administrative Law Judge filed May 11, 1995 finding that claimant sustained a compensable injury on September 21, 1993, was temporarily totally disabled from September 21, 1994 through January 24, 1994 and that respondent is responsible for all related medical expenses. Based upon our de novo review of the entire record, we find that the decision of the Administrative Law judge should be affirmed. This case has a very unusual case history with the claimant contending that he was an employee of respondent on February 7, 1994, when he sustained a compensable injury to his back. Respondent’s correspondence to the Administrative Law Judge indicates that respondent contends that claimant was not an employee of respondent and that they are not responsible for any injury, assuming that an injury did occur. A hearing was originally held in Arkadelphia, Arkansas, on March 4, 1994, before Judge Stiles. Respondent did not appear at the March 4, 1994, hearing and Judge Stiles granted, in essence, a default judgment for respondent’s failure to rebut any of claimant’s testimony. The file reflects that on March 21, 1994, Judge Stiles entered an opinion in favor of the claimant awarding claimant temporary total disability benefits from September 21, 1993, through January 24, 1994, and finding respondent responsible for reasonable medical expenses. The award in the opinion specifically set forth the medical expenses incurred to date for which respondent was found liable. [3] A second hearing on this same claim was held on April 28, 1995. This second hearing was apparently held to include Glen A. Smith and James A. Smith as named respondents. Again, respondent did not appear at the hearing. On May 11, 1995, the Administrative Law Judge entered an opinion which is identical in almost all aspects to the previous opinion with the exception of an additional award of medical benefits listed as (m) Jim’s Pharmacy $41.71. On May 24, 1995, the Administrative Law Judge entered an amended opinion including Glen A. Smith and James A. Smith as the named respondent doing business as A D Services. On May 30, 1995, respondent wrote directly to the Administrative Law Judge indicating that he wanted to appeal the judge’s opinion. In an opinion filed April 30, 1997, we found that the respondent’s April 30, 1995, correspondence to the Law Judge was a notice of appeal and we ordered the Clerk of the Commission to set a briefing schedule for the parties to file briefs addressing the merits of the Administrative Law Judge’s opinion. Respondent submitted correspondence to the Commission filed August 21, 1997, which has been treated as a letter brief. In his brief, respondent contends that claimant was not and never was an employee of respondent Glen A. Smith and James A. Smith doing business as A D Services. It is respondents contention that his business has never had employees and further contends that claimant’s injury may not have actually been a work-related injury. [4] It appears as if respondent is actually wanting this Commission to set aside the Administrative Law Judge’s opinion so that respondent can have his day in court to defend against claimant’s alleged injury. However, we cannot find that respondent has shown good cause for its failure to appear at the first two hearings to defend against the allegations when they were first made. Therefore, we find that the decision of the Administrative Law Judge finding that claimant sustained a compensable injury and is entitled to temporary total disability benefits from September 21, 1993, through January 24, 1994, and finding that claimant is entitled to reasonable necessary and related medical expenses as outlined in the Administrative Law Judge’s opinion should be affirmed. [5] 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 Administrative Law Judge’s decision in accordance with Ark. Code Ann. § 11-9-809 (Repl. 1996). [6] For prevailing on this appeal before the Full Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00 to be paid one-half by claimant and one-half by respondent. Ark. Code Ann. § 11-9-715(a)(2)(B) and §11-9-715(b)(2). [7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner