WILLIAMS v. JOHNSON CUSTOM HOMES, 2009 AWCC 32

CLAIM NO. F407233

EDWARD WILLIAMS, EMPLOYEE CLAIMANT v. JOHNSON CUSTOM HOMES, EMPLOYER RESPONDENT NO. 1 VIRGINIA SURETY COMPANY, INSURANCE CARRIER RESPONDENT NO. 1 PAYSOURCE, INC., EMPLOYER RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 26, 2009

Upon review before the Full Commission in Little Rock, Pulaski County, Arkansas.

Claimant represented by the HONORABLE FREDERICK S. SPENCER, Attorney at Law, Mountain Home, Arkansas.

Respondents No. 1 represented by the HONORABLE BILL H. WALMSLEY, Attorney at Law, Batesville, Arkansas.

Respondent No. 2 represented by the HONORABLE JEREMY SWEARINGEN, Attorney at Law, Little Rock, Arkansas.

ORDER
Comes on for consideration the claimant’s First Substituted Motion for Fees and Cost filed with the Commission on January 30, 2009. From a review of the motion, responses from Respondent No. 1 and Respondent No. 2 and other matters of law and fact made known to the Commission the Commission finds that the claimant’s motion should be granted.

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On October 23, 2008, the Supreme Court of Arkansas reversed the Court of Appeals and Full Commission in this matter. On December 22, 2008, pursuant to the Supreme Court’s remand, the Full Commission affirmed and adopted the October 7, 2005 decision of the Administrative Law Judge as the decision of the Full Commission. For prevailing on appeal before the Full Commission, the claimant’s attorney is hereby awarded an attorney’s fee in the amount of $500.00 in accordance with Ark. Code Ann. § 11-9-715(b). (Repl. 2002).

IT IS SO ORDERED.

_______________________________ A. WATSON BELL, Chairman
_______________________________ KAREN H. McKINNEY, Commissioner
_______________________________ PHILIP A. HOOD, Commissioner

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