Williamsv.McDonald's of Benton

Before the Arkansas Workers' Compensation CommissionFeb 12, 2001
2001 AWCC 41 (Ark. Work Comp. 2001)

CLAIM NO. E901415

ORDER FILED FEBRUARY 12, 2001

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

Claimant represented by DALE GRADY, Attorney at Law, Bryant, Arkansas.

Respondents represented by WALTER A. MURRAY, Attorney at Law, Little Rock, Arkansas.


ORDER

This matter comes before the Full Commission on the claimant's motion to reconsider our prior October 19, 2000 order which awarded the claimant's attorney a $250 attorney fee for having prevailed in part before the Full Commission but which failed to award the claimant or her attorney other benefits at issue. After considering the claimant's motion and the respondent's response thereto, we reiterate the finding in our October 19, 2000 order that the claimant's attorney is entitled to an attorney's fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715(Repl. 1996) for having prevailed in part in an opinion and order filed on August 18, 2000.

In that August 18, 2000 opinion and order, we found that the temporary partial disability awarded to the claimant should be calculated using a 42 ½ hour work week. However, the parties' stipulations indicate that the claimant has also previously received benefits for periods of temporary total disability and benefits for a five percent physical impairment rating to the claimant's left lower extremity. The respondents are also directed to pay the claimant the difference between those benefits previously paid at an incorrect compensation rate, and the amount which would have been due had the respondents correctly calculated the claimant's compensation rate based on a 42 ½ hour work week.

The respondents are also directed to pay the claimant's attorney the maximum attorney's fee for controversion pursuant to Ark. Code Ann. § 11-9-715(a) and Coleman v. Holiday Inn, 31 Ark. App. 224, 792 S.W.2d 345 (1990) on all benefits awarded in our August 18, 2000 opinion and order and on all benefits awarded herein.

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).

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman

______________________________ MIKE WILSON, Commissioner

______________________________ SHELBY W. TURNER, Commissioner