Stewart v. ARKANSAS GLASS CONTAINER
| Decision Date | 27 May 2009 |
| Docket Number | No. CA 08-1311.,CA 08-1311. |
| Citation | 307 SW 3d 614,2009 Ark. App. 300 |
| Parties | Bobby STEWART, Appellant, v. ARKANSAS GLASS CONTAINER, Risk Management Resources, Death & Permanent Total Disability Fund and Second Injury Fund, Appellees. |
| Court | Arkansas Court of Appeals |
Philip M. Wilson, Little Rock, for appellant.
Womack, Landis, Phelps & McNeill, P.A., by: David Landis and Dustin H. Jones, Jonesboro, for appellees.
Appellant Bobby Stewart argues that the Arkansas Workers' Compensation Commission erroneously concluded that his claim for additional benefits was time barred. We agree and reverse the decision of the Commission.
The facts of this case are not in dispute. Stewart sustained a compensable injury to his back on August 8, 2001. This injury was accepted as compensable by Arkansas Glass, and Stewart was provided temporary-total-disability and medical benefits. Arkansas Glass only controverted medical benefits after November 12, 2002. Stewart last received temporary-total-disability benefits on December 3, 2002, and he last received medical treatment on June 19, 2003. He also received an independent-medical examination (at Arkansas Glass' request) from Dr. Jim J. Moore on March 9, 2004.
On December 6, 2002, the Commission received a letter from Kristofer Richardson, Stewart's attorney, requesting a change of physician. This request was granted on January 29, 2003. Stewart next contacted the Commission on October 20, 2003, requesting a hearing on "Respondent's wrongful suspension of reasonable and related medical care." A hearing was held on March 19, 2004, before Administrative Law Judge Andrew L. Blood. Judge Blood issued an opinion on June 28 2004, finding that Stewart was entitled to additional medical treatment. On December 15, 2004, the Full Commission reversed the ALJ — finding that the additional medical treatment requested was not reasonable and necessary. On November 16, 2005, our court affirmed the Full Commission's denial of additional medical treatment. The mandate was filed on December 6, 2005. Pursuant to the mandate, Stewart's October 20, 2003, request for additional medical benefits was fully and finally resolved.
On December 21, 2005, Stewart filed a request for additional benefits. The ALJ found that the statute of limitations did not bar his request because the March 19, 2004, hearing was a claim for additional medical benefits and the parties "specifically reserved" all other issues. The ALJ stated, "Matters not addressed herein are expressly reserved." However, the Commission reversed the ALJ, noting that the only request for benefits before the Commission at that time — whether Stewart was entitled to additional medical treatment — was fully addressed and as such there were no other matters pending before the Commission to reserve. The Commission further reasoned that even if there were, the ALJ's decision was reversed by the Commission and any arguably "reserved issues" became moot when the opinion was not affirmed. It is from this decision that Stewart now appeals.
Arkansas Code Annotated § 11-9-702(a)(1) (Repl. 2002) provides the time limitations for filing an initial claim for workers' compensation:
A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Workers' Compensation Commission within two (2) years from the date of the compensable injury....
Arkansas Code Annotated § 11-9-702(b)(1) (Repl.2002) sets forth the time limitations for filing a claim for additional compensation:
In cases where any compensation, including disability or medical, has been paid on account of an injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation or two (2) years from the date of injury, whichever is greater.
Here, Stewart's first request for workers' compensation benefits — after controversion — was his December 6, 2002, request for a change of physician. His request was addressed and disposed of via the January 29, 2003, Change of Physician Order. Stewart's next request (filed on October 20, 2003) requested additional medical benefits, which was addressed at the March 19, 2004, hearing. It was...
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Stewart v. Ark. Glass Container
...(Repl.2002). Stewart appealed the Commission's opinion to the court of appeals, which reversed the Commission. Stewart v. Ark. Glass Container, 2009 Ark.App. 300, 307 S.W.3d 614. The court framed the issue as whether the tolling of the statute of limitations was claim-specific or benefit-sp......
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