Opinion
CLAIM NO. F001921
ORDER FILED JUNE 6, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE JASON HATFIELD, Attorney at Law, Fayetteville, Arkansas.
Respondent represented by HONORABLE JEREMY SWEARINGEN, Attorney at Law, Little Rock, Arkansas.
ORDER
The respondents appeal and the claimant cross-appeals an Administrative Law Judge's opinion filed December 12, 2001. The Administrative Law Judge found that the claimant proved that she has lost more than 80% of the vision in her right eye. The Administrative Law Judge found that the respondents failed to prove that they were entitled to a credit for overpayment of temporary total disability compensation. The Administrative Law Judge also found that the claimant failed to prove that she was entitled to psychological or psychiatric counseling because the claimant has not established that she sustained a compensable mental injury under the requirements of Ark. Code Ann. § 11-9-113.
The claimant argues in part on appeal that the Administrative Law Judge should have ordered the respondents to pay for a psychological evaluation. The respondents argue that the Administrative Law Judge's decision on this issue was correct since the claimant has failed to establish a compensable mental injury under Ark. Code Ann. § 11-9-113. In Terrell v. Arkansas Trucking Serv., Inc., 60 Ark. App. 93, 959 S.W.2d 70 (1998), the claimant contended that he was disabled by mental distress resulting from his compensable injury, and that he needed a psychological evaluation. The Court of Appeals reversed the Commission's determination that the claimant was not entitled to a mental health evaluation. The Court explained in Terrell that an injured employee is not required to establish that a compensable mental injury exists under Ark. Code Ann. § 11-9-113 in order to be entitled to a psychological evaluation at the respondents' expense. To the contrary, a psychological evaluation by a licensed psychologist or psychiatrist at the respondents' expense may be reasonably necessary to determine whether or not an injured worker has sustained a compensable mental injury caused by his or her compensable physical injury.
In the present matter, we therefore find no merit in the respondents' suggestion on appeal that the claimant cannot be entitled to a psychological evaluation without first establishing that a compensable mental injury exists under Ark. Code Ann. § 11-9-113. We remand to permit the parties an opportunity to present any additional appropriate evidence they desire regarding whether or not the claimant should be entitled to a psychological evaluation at the respondents' expense. We direct the Administrative Law Judge to then enter a finding on whether or not a psychological evaluation is reasonably necessary to treat the claimant's admittedly compensable injury, as was the case in Terrell,supra.
The claimant's attorney is hereby awarded an attorney's fee in the amount of $250.00 pursuant to Ark. Code Ann. § 11-9-715(b)(1). See,Belcher v. Holiday Inn, 50 Ark. App. 148, 900 S.W.2d 215 (1995); Crow v. Weyerhauser Co., 41 Ark. App. 225, 852 S.W.2d 334 (1993).
IT IS SO ORDERED.
_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ JOE E. YATES, Commissioner