{"id":"full_commission-G906072-2023-08-24","awcc_number":"G906072","decision_date":"2023-08-24","opinion_type":"full_commission","claimant_name":"Jacen Gann","employer_name":"Ck Asphalt, LLC/bobby Kennedy Construction Co","title":"GANN VS. CK ASPHALT, LLC/BOBBY KENNEDY CONSTRUCTION CO. AWCC# G906072 AUGUST 24, 2023","outcome":"reversed","outcome_keywords":["affirmed:1","reversed:3","remanded:2","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Gann_Jacen_G906072_20230824.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Gann_Jacen_G906072_20230824.pdf","text_length":3814,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  G906072 \n \nJACEN GANN, \nEMPLOYEE \n \nCLAIMANT \nCK ASPHALT, LLC,  \nEMPLOYER \n \n  RESPONDENT NO. 1 \nFARMINGTON CASUALTY CO./ \nTRAVELERS, INS. CO., CARRIER/TPA \n \nBOBBY KENNEDY CONSTRUCTION CO., \nEMPLOYER \n \nFARMINGTON CASUALTY CO./, \nTRAVELERS INS. CO., CARRIER/TPA \nRESPONDENT NO. 1 \n \n \nRESPONDENT NO. 2 \n \n \nRESPONDENT NO. 2 \n  \n      \nOPINION FILED AUGUST 24, 2023 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE LAURA BETH YORK, Attorney \nat Law, Little Rock, Arkansas. \n \nRespondents No. 1 represented by the HONORABLE AMY C. MARKHAM, \nAttorney at Law, Little Rock, Arkansas. \n \nRespondents No. 2 represented by the HONORABLE DAVID M.  \nDONOVAN, Attorney at Law, Little Rock, Arkansas. \n \nDecision of Administrative Law Judge:  Reversed. \n \n ORDER \n The Arkansas Court of Appeals has reversed the Commission in the \nabove-styled matter and has remanded for an order consistent with the \nCourt’s opinion.  Jacen Gann v. CK Asphalt, 2023 Ark. App. 218.   \n The parties stipulated that the claimant “was injured while working on \nthe job” on September 12, 2019.  The parties stipulated that the Circuit \nCourt of Van Buren County, Arkansas, Civil Division – 1\nst\n transferred the \n\nGANN - G906072    2\n  \n \n \ncase to the Arkansas Workers’ Compensation Commission for the limited \npurpose of determining the employment relationship between the \ndefendants Michael Dorton and Bobby Kennedy Construction Company.   \n The parties subsequently agreed to litigate the following issue before \nthe Commission:  “1.  The sole issue before the Arkansas Workers’ \nCompensation Commission at this time is the determination of the \nemployment relationship between Jacen Gann, the plaintiff/claimant, and \nBobby Kennedy Construction, the defendant/respondent.”   \n After a hearing, an administrative law judge filed an opinion on \nSeptember 9, 2021.  The administrative law judge found, among other \nthings, that the claimant “was a dual or special employee of Bobby Kennedy \nConstruction Company, Inc. as well as CK Asphalt, LLC, at the time of the \nwork-related accident.  Consequently, Bobby Kennedy Construction, Inc. is \nentitled to the exclusive remedy provisions of the Arkansas Workers’ \nCompensation law, specifically Ark. Code Ann. §11-9-105.”  A majority of \nthe Full Commission affirmed and adopted the administrative law judge’s \ndecision in an opinion filed February 1, 2022.   \n The Arkansas Court of Appeals has held that the Commission erred \nin concluding that an employment relationship existed between the claimant \nand Bobby Kennedy Construction Company.  The Court of Appeals has \nexpressly held that because the record “does not support the finding that \n\nGANN - G906072    3\n  \n \n \nGann has made a contract for hire, express or implied, with BKC for \npurposes of the exclusive-remedy provision of Arkansas Code Annotated \nsection 11-9-105(Repl. 2012), we reverse and remand for an order \nconsistent with this opinion.”   \n Pursuant to the mandate from the Arkansas Court of Appeals, the \nFull Commission reverses the administrative law judge’s finding that the \ndefendant Bobby Kennedy Construction, Inc. is entitled to the exclusive \nremedy provisions of Ark. Code Ann. §11-9-105(Repl. 2012).  We find that \nthe claimant did not make a contract for hire, express or implied, with Bobby \nKennedy Construction for purposes of the exclusive remedy provision of \nArk. Code Ann. §11-9-105(Repl. 2012). \n IT IS SO ORDERED.   \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G906072 JACEN GANN, EMPLOYEE CLAIMANT CK ASPHALT, LLC, EMPLOYER RESPONDENT NO. 1 FARMINGTON CASUALTY CO./ TRAVELERS, INS. CO., CARRIER/TPA BOBBY KENNEDY CONSTRUCTION CO., EMPLOYER","fetched_at":"2026-05-19T22:29:46.177Z","links":{"html":"/opinions/full_commission-G906072-2023-08-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/Gann_Jacen_G906072_20230824.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}