Legal Opinion · Dissent

Arkansas Department of Health v. Williams

Court of Appeals of Arkansas

Decided October 20, 1993No. CA 92-1243Published

1DissentJohn Mauzy Pittman, Judge

The prevailing opinion affirms an order of the Arkansas Workers’ Compensation Commission awarding appellee benefits for temporary total disability. I dissent for two reasons.

I

First, the Commission wholly failed to make any finding of fact for us to review regarding whether appellant is, in fact, disabled. Despite the'supreme court’s recent attempt to clarify the issue, three members of this court have again demonstrated a fundamental misunderstanding of the Commission’s duty to find facts. See Cagle Fabricating, Inc. v. Patterson, 309 Ark. 365, 830 S.W.2d 857 (1992). In fact, the prevailing…

2Cases cited18 opinions

  1. Clark v. Peabody Testing ServiceSupreme Court of Arkansas · 1979
  2. Wright v. American TransportationCourt of Appeals of Arkansas · 1986
  3. Arkansas State Highway & Transportation Department v. BreshearsSupreme Court of Arkansas · 1981
  4. Jones v. Scheduled Skyways, Inc.Court of Appeals of Arkansas · 1981
  5. Moss v. El Dorado Drilling Co.Supreme Court of Arkansas · 1963

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