Opinion
CLAIM NO. E401630
ORDER FILED JUNE 5, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE RONALD GRIGGS, Attorney at Law, El Dorado, Arkansas.
Respondents represented by HONORABLE RICHARD S. SMITH, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Vacated and Remanded.
ORDER
This case comes on for review before the Commission on claimant's motion to supplement the record or, alternatively, remand to the Administrative Law Judge.
After our consideration of claimant's motion, respondents' objection thereto, and all other matters properly before the Commission, we find that the opinion of the Administrative Law Judge must be vacated and this matter remanded to the Administrative Law Judge for additional proceedings.
On January 17, 2002, a hearing was conducted before the Administrative Law Judge to determine the extent of claimant's permanent disability. Claimant contended that he is entitled to benefits for permanent and total disability. In an opinion filed March 1, 2002, the Administrative Law Judge awarded benefits for loss in wage-earning capacity in an amount equal to 50% to the body as a whole. Claimant filed a timely appeal with the Commission.
Subsequent to the hearing, on February 28, 2002, claimant returned to Dr. Richard D. Peek, the treating orthopedic surgeon. Following this office visit, Dr. Peek reported that claimant's "condition has deteriorated," that surgery "is currently being scheduled," that claimant is still temporarily and totally disabled as he continues in the healing period and disabled from working, and that the extent of claimant's permanent disability and possible vocational rehabilitation options cannot be determined until additional surgery has been performed.
Based on the above evidence, we find that any determination of the extent of claimant's permanent disability is premature. Accordingly, we vacate the March 1, 2002 opinion of the Administrative Law Judge and remand this matter for any additional proceedings the parties believe are necessary to resolve the issues.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner