CLAIM NO. E600628 E600629
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 15, 1998
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by GREGORY R. GILES, Attorney at Law, Texarkana, Texas.
Respondent represented by NELSON V. SHAW, Attorney at Law, Texarkana, Arkansas.
[1] ORDER[2] This matter comes before the Full Commission on claimant’s appeal of the opinion of the Administrative Law Judge filed January 20, 1998. The opinion of the Administrative Law Judge was written by Administrative Law Judge Don Curdie after reviewing the transcript from the November 5, 1997, hearing presided over by Administrative Law Judge Lewis Smith. On appeal, claimant raised a constitutional due process claim. Without addressing the merits of claimant’s constitutional argument, we find, on our own motion, that this case should be remanded to an Administrative Law Judge for rehearing. [3] Accordingly, we find that the opinion and order filed by the Administrative Law Judge on January 20, 1998, must be set aside and that this case should be remanded for additional proceedings. Additionally, the Clerk of the Commission is instructed to assign this claim to an Administrative Law Judge so that a hearing can be scheduled as expeditiously as possible. [4] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner
[5] MIKE WILSON, Commissioner