Osborne v. Bekaert Corp.

John B. Robbins, Judge.

In this appeal, appellant Billy Osborne appeals the findings by the Commission that (1) Arkansas Code Annotated section ll-9-522(f) (Repl. 2002) is constitutional, and (2) the employer had not controverted his status as permanently totally disabled. We hold that the statute is unconstitutional. We hold that the Commission’s finding on controversion is supported by substantial evidence. Thus, we reverse in part, and we affirm in part.

This case was considered on undisputed facts. Osborne was injured in a work-related accident on May 22, 2001, that caused him to lose his…