Narrative Opinion Summary
The case involves an appeal from the Arkansas Workers’ Compensation Commission, where the appellee sought attorney's fees following a favorable en banc decision on July 8, 1992. The motion for attorney's fees relies on Ark. Code Ann. § 11-9-715(b)(1), allowing fees for the claimant's attorney if the claimant prevails on appeal. However, Judge Melvin Mayfield dissents from the majority's decision to grant these fees, expressing concern over the implications of an Arkansas Supreme Court review, which was granted on September 14, 1992. Judge Mayfield questions the prevailing status of the claimant if the Supreme Court reverses the appellate court's decision, drawing parallels to a previous case, Cagle Fabricating and Steel, Inc. v. Patterson, where a similar reversal occurred. Given the unresolved nature of the issue and the potential for reversal, Judge Mayfield advocates for certifying the attorney's fees motion to the Supreme Court for concurrent consideration with the appeal's merits. This procedural stance reflects the complexities of awarding attorney's fees amid pending higher court review.
Legal Issues Addressed
Certification of Attorney's Fees Motion to Supreme Courtsubscribe to see similar legal issues
Application: Judge Mayfield suggests certifying the motion for attorney's fees to the Arkansas Supreme Court for consideration with the merits of the appeal due to the unresolved nature of the issue.
Reasoning: Due to the unresolved nature of the issue and the potential for a reversal by the Supreme Court, Judge Mayfield would prefer to certify the motion for attorney's fees to the Arkansas Supreme Court for consideration alongside the merits of the appeal.
Entitlement to Attorney's Fees under Ark. Code Ann. § 11-9-715(b)(1)subscribe to see similar legal issues
Application: The statute provides that if the claimant prevails on appeal, the attorney is entitled to an additional fee at both the commission and appellate court levels.
Reasoning: The appellee's motion for attorney's fees is grounded in Ark. Code Ann. § 11-9-715(b)(1) (1978), which stipulates that if the claimant prevails on appeal, the attorney is entitled to an additional fee at both the commission and appellate court levels, to be shared equally between the employer or carrier and the claimant or their dependents.
Judicial Review and Prevailing Party Statussubscribe to see similar legal issues
Application: Judge Mayfield questions whether the claimant can be considered to have 'prevailed' if the Supreme Court ultimately reverses the appellate decision in favor of the employer.
Reasoning: He questions whether the claimant can be considered to have 'prevailed' if the Supreme Court ultimately reverses the appellate decision in favor of the employer.