CLAIM NO. F014264
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 12, 2001.
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE EDDIE WALKER, JR., Attorney at Law, Fort Smith, Arkansas.
Respondent represented by HONORABLE MARK FREEMAN, Attorney at Law, Fayetteville, Arkansas.
ORDER
This case comes on for review before the Commission on claimant’s motion to require a bond as a condition to respondent’s appeal to the Full Commission.
After our consideration of claimant’s motion, respondent’s response to this request, and all other matters properly before the Commission, we find that claimant’s motion should be granted.
On April 26, 2001, the Administrative Law Judge found, among other things, that on January 31, 2000, the employer had at least three regular employees and therefore, the relationship between claimant and the employer was an employment relationship covered by the Arkansas Workers’ Compensation Act; that claimant sustained a compensable lower back injury; that certain medical services were reasonably necessary; that claimant is entitled to benefits for temporary total disability from February 2, 2000 until she began receiving unemployment insurance benefits (apparently sometime in the latter part of June, 2000); and that claimant’s attorney is entitled to the maximum statutory attorney’s fees for controversion. Respondent has appealed to the Commission. Claimant has filed the present motion seeking a bond to ensure payment of the Administrative Law Judge’s award.
Ark. Code Ann. § 11-9-808 (Repl. 1996) provides that “[t]he Workers’ Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payment shall be made upon order of the commission.”
In granting claimant’s request, we note that respondent is an uninsured employer and, consequently, is in violation of the Arkansas Workers’ Compensation Act and subject to sanctions under Ark. Code Ann. § 11-9-406 (Repl. 1996). Further, we note that respondent has been ordered by the Administrative Law Judge to pay the expenses for medical treatment, approximately five months of temporary total disability benefits, and attorney’s fees
We therefore find that a deposit or bond is necessary to guarantee payment of the sums which respondent has been ordered to pay. Respondent is hereby ordered and directed to immediately make a deposit or post a bond in an amount and form which is satisfactory to the Commission to guarantee the payment of all sums which respondent has been ordered to pay. The amount of this deposit or bond must be sufficient to guarantee payment of the entire award of the Commission. Respondent has the obligation to provide the Commission with evidence that it has complied with this Order, and the Clerk of the Commission shall not submit this case for a decision on the merits until such evidence is received and approved by the Commission. Respondent shall have 10 days within which to comply with this Order. If respondent fails to comply with this Order, claimant may file a motion to dismiss respondent’s appeal to the Commission.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner