Opinion
CLAIM NO. E909278
ORDER FILED JANUARY 23, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE EDDIE H. WALKER, Attorney at Law, Fort Smith, Arkansas.
Respondents represented by the HONORABLE ERIC NEWKIRK, Attorney at Law, West Memphis, Arkansas.
ORDER
In the above-styled matter, the Arkansas Court of Appeals has reversed and remanded to the Commission for further proceedings. See, Erika Wentz v. Service Master, 72 Ark. App. ___, ___ S.W.3d ___ (2001).
In an opinion filed April 25, 2000, an administrative law judge found that the claimant sustained a compensable injury to her right jaw and/or head. The administrative law judge found, however, that the claimant failed to prove that she had sustained a compensable physical injury to her brain. The administrative law judge found that the claimant failed to prove that she was entitled to additional medical treatment or temporary total disability compensation after June 9, 1999. The Full Commission affirmed and adopted the administrative law judge's decision in an opinion filed October 10, 2000. The claimant appealed to the Arkansas Court of Appeals.
In an opinion delivered October 24, 2001, the Court of Appeals found that there was not substantial evidence to support the Commission's determination that the claimant failed to prove that she was entitled to temporary total disability compensation and medical treatment after June 9, 1999. The Court therefore reversed and remanded for further proceedings consistent with the Court's opinion. See, Wentz, supra.
Therefore, the Full Commission reverses the opinion of the administrative law judge. The Full Commission finds that the claimant sustained a compensable physical injury to her brain in the employment-related incident of December 30, 1998, and that the medical treatment provided after June 9, 1999 was reasonable, necessary, and related to her compensable injury. We also find that the claimant proved by a preponderance of the evidence that she was entitled to temporary total disability compensation from June 9, 1999 until a date yet to be determined.
All accrued benefits shall be paid in a lump sum without discount and with interest at the lawful rate from the date of the administrative law judge's decision, in accordance with Ark. Code Ann. § 11-9-809(Supp. 2001). The claimant's attorney is entitled to the maximum statutory fee on benefits awarded herein, one-half of which is to be paid by the claimant and one-half to be paid by the respondents, pursuant to Ark. Code Ann. § 11-9-715(a). See, Coleman v. Holiday Inn, 31 Ark. App. 224, 792 S.W.2d 345 (1990). For prevailing on this appeal before the Full Commission, the claimant's attorney is awarded an additional attorney's fee in the amount of $250.00, pursuant to Ark. Code Ann. § 11-9-715(b)(1).
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
Commissioner Wilson dissents.