WILLIAMS v. HEALTHCARE SERVICES GROUP, INC., 2005 AWCC 4


CLAIM NO. E814356

FREDERICK L. WILLIAMS, EMPLOYEE, CLAIMANT v. HEALTHCARE SERVICES GROUP, INC., EMPLOYER, RESPONDENT, ZURICH INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JANUARY 12, 2005

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

Claimant appears pro se.

Respondents represented by the HONORABLE LEE J. MULDROW, Attorney at Law, Little Rock, Arkansas.

Decision of Administrative Law Judge: Affirmed and adopted.

ORDER
The Arkansas Court of Appeals has remanded the above-styled matter to the Commission for clarification of our orders. See, Frederick L. Williams v. Healthcare Services Group, CA04-112 (Nov. 10, 2004).

In an opinion filed March 31, 2000, an administrative law judge found that the claimant had shown he sustained a compensable injury on November 12, 1998. The administrative law judge found that the claimant failed to prove he was entitled to temporary total disability compensation, and that the claimant failed to prove he was entitled to medical treatment after January 19, 1999. The claimant appealed to the Full Commission. In an opinion filed June 30, 2000, the Full Commission affirmed the administrative law judge’s March 31, 2000 decision. Through clerical error, however, the Full Commission erroneously adopted findings of fact previously entered by the administrative law judge on September 22, 1999.

Therefore, in accordance with the remand from the Court of Appeals and pursuant to Ark. Code Ann. § 11-9-713(d), the Full Commission affirms the March 31, 2000 decision of the administrative law judge, and we adopt the following findings of fact entered by the administrative law judge on March 31, 2000:

1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim.
2. The employment relationship existed at all relevant times, including November 12, 1998, at which time claimant earned sufficient wages to entitle him to a compensation rate of $52.00 per week in the event that his claim was found compensable.
3. Claimant has shown, by a preponderance of the credible evidence, that he sustained a compensable injury arising out of and during the course of his employment with Healthcare Services Group, Inc. on November 12, 1998.
4. Claimant’s healing period ended on or before January 19, 1999.
5. The claimant has failed to prove, by a preponderance of the credible evidence, that he was ever temporarily totally disabled as the result of his November 12, 1998, injury.
6. Claimant has failed to prove, by a preponderance of the credible evidence, that his need for medical treatment, if any, after January 19, 1999, was causally related to a November 12, 1998, admitted incident.
7. Claimant has failed to prove, by a preponderance of the credible evidence, that medical treatment after January 19, 1999, was reasonably necessary, as well as related to the admitted incident.
8. Respondents are responsible for all hospital, medical, and related expenses through January 19, 1999. Respondents are not responsible for any medical treatment after January 19, 1999.
9. Respondents have controverted this claim in its entirety.

The Full Commission expressly reserves any relevant and timely-raised issues which have not been adjudicated, including the claimant’s contention that he is entitled to permanent disability benefits.

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner