Opinion
CLAIM NO. E705442
ORDER FILED JANUARY 20, 2000
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by ROBERT L. DEPPER, JR., Attorney at Law, El Dorado, Arkansas.
Respondent represented by DAVID P. MARTIN, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter comes before the Full Commission on Remand from the Arkansas Supreme Court. On March 9, 1998, the Administrative Law Judge filed an Order finding that the claimant failed to prove that he sustained an injury in the course and scope of his employment. Specifically, the Administrative Law Judge found that the claimant was not performing employment services at the time of his injury. On June 4, 1998, the Full Commission filed an Order Affirming and Adopting the Order of the Administrative Law Judge. The decision was Affirmed by the Arkansas Court of Appeals; seeWhite v. Georgia Pacific Corp., 66 Ark. App. 337, 989 S.W.2d 942 (1999). The Supreme Court granted a petition to review the decision of the Court of Appeals. The Supreme Court found that the claimant proved by a preponderance of the evidence that he was performing employment services at the time of his injury. White v. Georgia Pacific Corp., 339 Ark. ___, ___ S.W.3d ___ (December 16, 1999). Consequently, the case was Reversed and Remanded to the Commission for the determination of benefits.
Accordingly, we find that this claim must be Remanded to the Administrative Law Judge with instructions to take any and all actions necessary to comply with the mandate of the Supreme Court.
IT IS SO ORDERED.
_______________________________
PAT WEST HUMPHREY, Commissioner
_______________________________ MIKE WILSON, Commissioner