{"id":"full_commission-H303124-2025-05-22","awcc_number":"H303124","decision_date":"2025-05-22","opinion_type":"full_commission","claimant_name":"David Otwell","employer_name":"Jerry Lynn Roberson","title":"OTWELL VS. JERRY LYNN ROBERSON AWCC# H303124 May 22, 2025","outcome":"remanded","outcome_keywords":["remanded:3","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Otwell_David_H303124_20250522.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Otwell_David_H303124_20250522.pdf","text_length":2313,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H303124  \n \nDAVID OTWELL, \nEMPLOYEE \n \nCLAIMANT \nJERRY LYNN ROBERSON,  \nEMPLOYER \n \nRESPONDENT \nEMPLOYERS PREFERRED INSURANCE CO., \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED MAY 22, 2025 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE FREDERICK S. “RICK” \nSPENCER, Attorney at Law, Mountain Home, Arkansas. \n \nRespondents represented by the HONORABLE JAMES A. ARNOLD, II, \nAttorney at Law, Fort Smith, Arkansas. \n \nDecision of Administrative Law Judge:  Remanded. \n \n \n ORDER \n The claimant appeals an administrative law judge’s opinion filed \nNovember 1, 2024.  The administrative law judge found, among other \nthings, that the claimant failed to prove an employer-employee-carrier \nrelationship existed on the date of injury.  The Full Commission remands \nthe case to the administrative law judge for new findings of fact and \nconclusions of law.   \n The claimant contends that he sustained a compensable injury while \nemployed with the respondent Jerry Roberson.  The respondents contend, \namong other things, that the claimant was not an employee in accordance \n\nOTWELL - H303124  2\n  \n \n \nwith the Empower Independent Contractors Act of 2019, codified at Ark. \nCode Ann. §11-1-204(Supp. 2024).  The administrative law judge did not \ncite or adjudicate the Empower Independent Contractors Act in issuing his \nfindings of fact and conclusions of law.   \n The Full Commission therefore remands this case to the \nadministrative law judge, and we direct the administrative law judge to enter \nnew findings of fact and conclusions of law in accordance with Ark. Code \nAnn. §11-1-204(Supp. 2024).  We announce that henceforth all opinions \nemanating from administrative law judges and the Full Commission shall \nincorporate an adjudication of the Empower Independent Contractors Act of \n2019 when a claimant’s status as an employee or independent contractor is \nan agreed issue for litigation. \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. H303124 DAVID OTWELL, EMPLOYEE CLAIMANT JERRY LYNN ROBERSON, EMPLOYER RESPONDENT EMPLOYERS PREFERRED INSURANCE CO., INSURANCE CARRIER/TPA RESPONDENT OPINION FILED MAY 22, 2025","fetched_at":"2026-05-19T22:29:44.325Z","links":{"html":"/opinions/full_commission-H303124-2025-05-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Otwell_David_H303124_20250522.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}