Stephensonv.Tyson Foods, Inc.

Before the Arkansas Workers' Compensation CommissionJun 29, 2000
2000 AWCC 170 (Ark. Work Comp. 2000)

CLAIM NO. E709782.

ORDER FILED JUNE 29, 2000.

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

Claimant represented by KENNETH E. BUCKNER, Attorney at Law, Little Rock, Arkansas.

Respondent represented by EARL BUDDY CHADICK, Attorney at Law, Fayetteville, Arkansas.


ORDER

The above-styled matter comes before the Full Workers' Compensation Commission upon remand from the Arkansas Court of Appeals. In an opinion delivered May 17, 2000, the Court of Appeals reversed and remanded with instructions to award benefits. See Hulda Stephenson v. Tyson Foods, Inc., 70 Ark. App. ___, ___ S.W.3d ___ (May 17, 2000).

In an order and opinion filed on September 24, 1998, the Administrative Law Judge found that the claimant proved by a preponderance of the evidence that her cervical problems were the result of her January 2, 1997, compensable injury and she was entitled to temporary total disability benefits for the period beginning July 21, 1997, and continuing through December 2, 1997. In addition the Administrative Law Judge found that medical treatment rendered to the claimant subsequent to July 21, 1997, by Dr. Terrell Bishop, Dr. Ronald Tanner, and Dr. Ronald Williams was reasonably necessary and related to the claimant's compensable injury of July 2, 1997, and that the claimant has a permanent physical impairment in the amount of 9% to the body as a whole. The Full Commission in an opinion dated June 14, 1999, reversed the opinion of the Administrative Law Judge finding that the claimant's need for medical treatment subsequent to July 21, 1997, was not a result of her January 2, 1997, compensable injury and that the change of physician rules were inapplicable and that the medical treatment the claimant received from Dr. Tanner, Dr. Bishop, and Dr. Williams for a herniated disc in her cervical spine was not causally related to the claimant's compensable injury. However, the Court of Appeals has reversed the Full Commission's opinion and order and has remanded for the Commission to ". . .award benefits for all the medical care and treatment Stephenson has undergone and all reasonable, necessary, and related medical treatment that she may have in the future due to this injury, temporary total disability benefits, permanent disability benefits for her 9% permanent physical impairment, and maximum attorney's fees."

Therefore, the Full Commission finds that the claimant's cervical problems are related to her January 2, 1997, compensable injury and awards to the claimant benefits for all the medical care and treatment she has undergone and all reasonable, necessary, and related medical treatment that she may have in the future due to her cervical injury, temporary total disability benefits, and permanent disability benefits for her 9% permanent physical impairment.

All accrued benefits shall be paid in a lump sum without discount and with interest thereon at the lawful rate from the date of the Administrative Law Judge's decision in accordance with Ark. Code Ann. § 11-9-809 (Repl. 1996).

For prevailing on this appeal before the Full Commission, claimant's attorney is hereby awarded an additional attorney's fee in the amount of $250.00 to be paid one-half by claimant and one-half by respondent. Ark. Code Ann. § 11-9-715(a)(2)(B) and § 11-9-715(b)(2).

IT IS SO ORDERED.

_______________________________ ELDON F. COFFMAN, Chairman

_______________________________ PAT WEST HUMPHREY, Commissioner

_______________________________ MIKE WILSON, Commissioner