Opinion
CLAIM NO. F014209
ORDER FILED JULY 31, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.
Respondents represented by HONORABLE TOD BASSETT, Attorney at Law, Fayetteville, Arkansas.
ORDER
The respondents move the Full Commission to dismiss the claimant's notice of appeal. After reviewing the pleadings of the parties, we must deny the respondents' motion. The Full Commission remands this case to the Administrative Law Judge, and we instruct the Administrative Law Judge to conduct such proceedings necessary to resolve the issues presented by the parties.
In an opinion filed June 12, 2001, the Administrative Law Judge found that the claimant proved that she sustained a compensable injury. The Administrative Law Judge awarded temporary total disability compensation, reasonably necessary medical treatment, and an attorney's fee. The Full Commission affirmed the Administrative Law Judge's decision in an opinion filed January 16, 2002.
The claimant's attorney corresponded with the Commission on April 11, 2002 and stated that there were "special facts and circumstances surrounding this case," so that he was entitled to a "one-third" attorney's fee. In a letter to the parties dated May 2, 2002, the Administrative Law Judge stated, "the issue of an attorney fee on the medical benefits has already been decided and is final and res judicata. Therefore, I respectfully decline to award an additional attorney fee."
The claimant's attorney subsequently requested a hearing before the Commission, to which the respondents objected. The Administrative Law Judge again wrote to the parties on May 30, 2002: "After having had the opportunity to review additional correspondence submitted by both parties, I again respectfully decline to award an additional attorney fee, make a ruling on how the attorney fee is to be paid, or to set a hearing on an attorney fee issue." The claimant filed a timely "Notice Of Appeal" to the Full Commission. The respondents have filed a Motion To Dismiss Appeal.
After reviewing the pleadings before us, the Full Commission sets aside the Administrative Law Judge's May 2, 2002 and May 30, 2002 letter opinions. We find that the Administrative Law Judge erred in ruling adversely to the claimant without developing a record. The Administrative Law Judge did not conduct a hearing on the issues raised by the claimant. Nor did the Administrative Law Judge enter stipulated facts by the parties on which to base his letter opinions. In essence, the Administrative Law Judge entered an order for summary judgment. It is well established that summary judgments do not apply to workers' compensation cases. See, Crook v. Schuler Drilling, Workers' Compensation Commission E502226 (Feb. 11, 1999); Clark v. International Paper Company, Workers' Compensation Commission E304018 (Jan. 5, 1996);Tracor/MBA v. Flowers, 41 Ark. App. 186, 850 S.W.2d 30 (1993).
Consequently, the Full Commission finds that the respondents' motion to dismiss must be, and hereby is, denied. The Full Commission sets aside the letter opinions rendered by the Administrative Law Judge. We direct the Administrative Law Judge to conduct such proceedings as are necessary to develop a record on the issues raised by the claimant so that the Administrative Law Judge can file an opinion and order setting forth findings and conclusions based on the record developed.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner