Franklin Collier Farms v. Chapple

James R. Cooper, Judge.

This is an appeal of an order of the Workers’ Compensation Commission requiring the appellant to pay a fifteen-percent penalty under Ark. Stat. Ann. § 81 -1310(d) (Repl. 1976). The appellant raises three issues on appeal: (1) there is no substantial evidence to show the employee’s death was not the result of his own contributory negligence; (2) there is no substantial evidence to support the finding of a safety violation; and (3) the appellee is not the real party in interest, as the law provides for the penalty to be paid to the Second Injury Fund, and therefore, she…