YELL v. CAMPBELL SOUP COMPANY, 1995 AWCC 85

CLAIM NO. E200063

DIAN YELL, EMPLOYEE, CLAIMANT v. CAMPBELL SOUP COMPANY, EMPLOYER, RESPONDENT, and CONSTITUTION STATE SERVICE COMPANY, INSURANCE COMPANY, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED APRIL 12, 1995

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

Claimant represented by JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by MICHAEL RYBURN, Attorney at Law, Little Rock, Arkansas.

Decision of Administrative Law Judge: Vacated and remanded.

[1] OPINION AND ORDER
[2] Claimant appeals a January 9, 1995 letter opinion of the Administrative Law Judge.

[3] The Administrative Law Judge refused to order a functional capacity evaluation at respondent’s expense. However, a hearing was not held in this matter; thus, a record has not been developed for review on appeal. Therefore, we vacate the January 9, 1992 letter opinion of the Administrative Law Judge and remand this matter for further proceedings to determine any benefits to which claimant may be entitled. Additionally, for prevailing on this appeal before the Commission, claimant’s attorney is hereby awarded an attorney’s fee in the amount of $250.00. [4] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner

[5] Commissioner Tatum concurs and dissents.

[6] CONCURRING AND DISSENTING OPINION
[7] I agree with the majority that this case should be remanded to the Administrative Law Judge so a determination can be made as to whether claimant and claimant’s attorney really want a hearing and if so the Administrative Law Judge should grant it and determine what benefits, if any, to which claimant may be entitled.

[8] However, I dissent from majority’s award of an attorney fee to claimant’s attorney for appeal of what was clearly an interlocutory nonappealable ruling by the Administrative Law Judge. [9] ALLYN C. TATUM, Commissioner