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Brewer v. Door9/8/2004
NOT DESIGNATED FOR PUBLICATION
Karen Brewer appeals from a decision of the Arkansas Workers' Compensation Commission. On May 27, 1999, appellant suffered a compensable injury to her right arm and elbow. A hearing was held in the matter on October 24, 2000. An administrative law judge entered an order on November 15, 2000, in which he found that appellant was in need of additional medical treatment in the form of surgery and temporary partial-disability benefits. The law judge also found that appellant's attorney was entitled to the maximum statutory attorney's fee on all benefits awarded, one-half to be paid by appellant and one-half to be paid by the appellees. Further the order provided that the appellees were to withhold the appellant's portion of the attorney's fee from the claimant's award and to pay the attorney's fee directly to the appellant's attorney.
The November 15, 2000 award was not appealed and became final. Appellant received the surgery mentioned in that award on February 15, 2001, and appellees paid all the medical bills associated with the surgery. According to appellees, there was confusion whether or when they were liable for temporary partial-disability benefits. Sheila Hall, the adjuster who handled appellant's claim, testified that she did not pay for the temporary partial disability because she did not realize it was owed at the time. She paid the temporary partial disability and a twenty-percent penalty the day she realized they owed it. In evidence were several letters written by appellant's attorney that argued for temporary total-disability benefits. According to Ms. Hall, these letters confused her.
Appellees paid $3,745.07 for appellant's medical treatment. In addition, appellees paid appellant's attorney $187.25 for half of his attorney's fees. The Commission found that the appellees timely complied with the November 15, 2000, decision of the administrative law judge that awarded medical benefits and paid the one-half share of attorney's fees on the medical benefits, but that they failed to timely comply with the November 15, 2000 opinion of the administrative law judge awarding attorney's fees on the medical benefits. Consequently, the administrative law judge found the appellees to be in contempt of the Commission and ordered them to pay sanctions to appellant's attorney in the amount of $374.50. Appellant then brought this appeal.
Appellant contends that the Commission erred in the following ways:
(1) the Commission should have assessed appellees up to $10,000 payable into the registry of the commission, and exceeded its power by ordering sanctions payable to the claimant's attorney, (2) the Commission erred in failing to order appellees to pay appellant's attorney $187.25, representing the claimant's one-half (") of the attorney fees it failed to withhold from benefits paid to the claimant, representing controverted medical benefits, (3) the Commission erred in failing to find that appellees were liable for the legal rate of interest on all accrued and unpaid compensation from the date of the ALJ's opinion of November 15, 2000, and attorney fees (both halves) thereon, namely based on the interest running down until about August 14, 2001, from November 15, 2000, (4) the Commission erred in failing to hold appellees in contempt, pursuant to Ark. Code Ann. ยง 11-9-706, for failing to obey the order/award of November 15, 2000, to pay temporary partial-disability benefits, (5) the Commission erred in failing to hold appellees liable for double maximum attorney fees on the controverted temporary partial- disability benefits with both halves on the second attorney fee payable by appellees, (6) the Commission erred in failing
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