CLAIM NO. E814356
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 17, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appeared, Pro se.
Respondent represented by the HONORABLE LEE J. MULDROW, Attorney at Law, Little Rock, Arkansas.
Decision of the Administrative Law Judge: Vacated and remanded.
ORDER
The claimant has appealed an opinion and order filed by the administrative law judge on September 22, 1999. In that opinion and order, the administrative law judge found in relevant part:
Rather than conduct an exhaustive analysis of the medical evidence, suffice it to say that a thorough review of the documentary evidence failed to reveal any medical evidence supported by objective findings as required by Ark. Code Ann. § 11-9-102(5)(D) defined in Ark. Code Ann. § 11-9-102(16).
This matter is presently before the Full Commission on the respondents’ motion to exclude additional evidence which was filed by the claimant with his brief on appeal. After reviewing the administrative law judge’s decision, the record on appeal, the respondents’ motion, the claimant’s response, and all other matters properly before the Full Commission, we find that the decision of the administrative law judge should be vacated and this case remanded for additional findings based on the evidence already in the record. Consequently, we find that the respondents’ objection to the claimant’s brief on appeal to the Full Commission is moot.
Although the administrative law judge indicated in his decision that the documentary evidence in this case fails to reveal any medical evidence supported by objective findings, we note that the record appears to contain two different medical documents dated December 17, 1998, which appear to refer to “back spasm”, a subsequent January 19, 1999 report, which then seems to indicate a lack of “spasm”, and a July 15, 1999 pain clinic notation of trigger points and muscle spasms. We remand this case to the administrative law judge for a full examination of the relevant evidence presented in this case. Meister v. SafetyKleen, ___ Ark. ___, ___ S.W.2d. ___ (November 4, 1999).
IT IS SO ORDERED.
_______________________________
ELDON F. COFFMAN, Chairman
Commissioner Wilson concurs.
Commissioner Humphrey dissents.