WILSON v. AMFUEL, 1999 AWCC 42

CLAIM NO. E216994

DEBRA WILSON, EMPLOYEE, CLAIMANT v. AMFUEL, EMPLOYER, RESPONDENT and LIBERTY MUTUAL INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 12, 1999

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

Claimant represented by DENVER L. THORNTON, Attorney at Law, El Dorado, Arkansas.

Respondents represented by BRIAN H. RATCLIFF, Attorney at Law, El Dorado, Arkansas.

[1] ORDER
[2] This matter is presently before the Commission on Remand from the Court of Appeals. In its Opinion delivered December 9, 1998, the Court of Appeals affirmed our finding that claimant has failed to prove entitlement to additional temporary total disability benefits. However, the Court reversed and remanded this claim on the issue of whether weekly visits to the psychiatrist or psychologist are reasonable and necessary. In reversing our Opinion, the Court stated:

It was, no doubt, the compensable injury that brought on this unstable psychological condition that in turn made it more difficult to deal with everyday problems and stresses. We find it rather impossible to avoid addressing personal concerns when dealing with emotional distress brought on by chronic pain.

[3] Accordingly, in accordance with the Opinion from the Court of Appeals, we find that claimant has proven by a preponderance of the evidence that her weekly visits to the psychiatrist or psychologist are reasonable and necessary medical treatment related to her compensable injury. Therefore, we find that claimant is entitled to psychiatric or psychological treatment at the respondent’s expense. [4] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner

[5] Commissioner Humphrey concurs.