CLAIM NO. F501842
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 28, 2008
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the Honorable M. Keith Wren, Attorney at Law, Little Rock, Arkansas.
Respondent represented by the Honorable William C. Frye, Attorney at Law, North Little Rock, Arkansas.
Decision of Administrative Law Judge: Reversed.
OPINION AND ORDER
The Arkansas Court of Appeals has reversed the Commission’s finding that the claimant failed to prove he sustained a compensable injury Williams v. Crockett Business Machines, CA07-211 (Dec. 19, 2007). The Court of Appeals has instructed the Commission to award the appropriate amount of benefits to the claimant. Therefore, the Full Commission reverses the administrative law judge’s
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finding that the claimant failed to prove he sustained a compensable injury on February 10, 2005. We find that the claimant proved he was entitled to reasonably necessary medical treatment provided in connection with the compensable injury. The claimant testified that he had been unable to return to work since the compensable injury. We therefore find that the claimant proved he remained within his healing period and totally incapacitated to earn wages from February 10, 2005 to a date yet to be determined.
The claimant’s attorney is entitled to fees for legal services pursuant to Ark. Code Ann. § 11-9-715(Repl. 2002). For prevailing on appeal to the Full Commission, the claimant’s attorney is entitled to an additional fee of five hundred dollars ($500), pursuant to Ark. Code Ann. § 11-9-715(b) (Repl. 2002).
IT IS SO ORDERED.
________________________________ OLAN W. REEVES, Chairman
________________________________ PHILIP A. HOOD, Commissioner
Commissioner McKinney dissents.
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