Legal Opinion · Concurrence

Ward v. Fayetteville City Hospital

Court of Appeals of Arkansas

Decided May 24, 1989No. CA 88-288Published

1ConcurrenceMelvin Mayfield, Judge

I concur in the majority opinion. The only real reason the appellant gives for faulting the provision of the Workers’ Compensation Law giving finality to a joint petition settlement is “without giving the claimant the opportunity to have a ‘hammer’ over the Second Injury Fund, it can delay and have a potential veto on any possible settlement.” Whatever that means, I see nothing in the Act to indicate that a claimant has a right to pursue a claim for an injury after the Commission has approved a joint petition settlement for that injury. Ark. Code Ann. § 11-9-805 (1987) clearly leaves the…

2Cases cited8 opinions

  1. Hawthorne v. DavisSupreme Court of Arkansas · 1980
  2. Dedmon v. Dillard Department Stores, Inc.Court of Appeals of Arkansas · 1981
  3. Odom v. Tosco Corp.Court of Appeals of Arkansas · 1984
  4. Briscoe v. Shoppers News, Inc.Court of Appeals of Arkansas · 1984
  5. C & L Trucking, Inc. v. AllenSupreme Court of Arkansas · 1985

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