Opinion
CLAIM NO. F011932
ORDER FILED SEPTEMBER 11, 2001
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE MICHAEL W. BOYD, Attorney at Law, Pine Bluff, Arkansas.
Respondents represented by the HONORABLE MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas.
ORDER
Claimant appeals an opinion and order filed by the Administrative Law Judge on April 16, 2001. In that opinion and order, the Administrative Law Judge found that the preponderance of the evidence reflects that the injury to claimant's right upper extremity was sustained at a time when she was not performing employment services. After conducting a de novo review of the entire record, we vacate the Administrative Law Judge's decision and remand this case for reconsideration in light of the decision of the Arkansas Court of Appeals in Matlock v. Arkansas Blue Cross Blue Shield, 74 Ark. App. 322, ___ S.W.3d ___ (2001).
On June 27, 2001, the Court of Appeals handed down the decision inMatlock v. Blue Cross Blue Shield, supra, which sets forth a list of factors to be considered when determining whether an employee is engaged in employment services. Because the parties and the Administrative Law Judge did not have the Matlock decision at their disposal prior to the hearing in this case, we remand this case to (1) permit the parties to advise the Administrative Law Judge whether additional evidence is necessary regarding the factors enumerated in Matlock, and so that (2) after considering the factors listed in Matlock and any additional evidence presented, the Administrative Law Judge may make more adequate findings regarding whether or not claimant was engaged in employment services at the time her injury occurred.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner