Preston Allen vs. Staffmark Investments, LLC

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G903144 PRESTON ALLEN, EMPLOYEE CLAIMANT STAFFMARK INVESTMENTS, LLC, EMPLOYER RESPONDENT ACE AMERICAN INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT NO. 1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2 OPINION FILED JANUARY 12, 2024 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant is pro se. Respondents No. 1 represented by the HONORABLE MELISSA WOOD, Attorney at Law, Little Rock, Arkansas. Respondents No. 2 represented by the HONORABLE CHRISTY L. KING, Attorney at Law, Little Rock, Arkansas. Decision of Administrative Law Judge: Affirmed and Adopted. OPINION AND ORDER Claimant appeals an opinion and order of the Administrative Law Judge filed March 28, 2023. In said order, the Administrative Law Judge made the following findings of fact and conclusions of law: 1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim.

ALLEN - G903144 2 2. Claimant’s first issue, whether he is entitled to additional medical treatment of his stipulated compensable right arm, right leg, and lower back injuries, have been fully, fairly, and completely litigated under a previous claim filed by Claimant. Therefore, I find that Res Judicata/Law of the Case Doctrine, applies to this issue and it will not be further addressed in this opinion since those issues were previously resolved. 3. The Commission further finds that issues 2-6 are barred by the statute of limitations. As a result, all reserved issues are likewise barred by the statute of limitations and will not be addressed in this opinion. This case is hereby dismissed. We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge's March 28, 2023 decision is supported by a preponderance of the credible evidence, correctly applies the law, and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings of fact made by the Administrative Law Judge are correct and they are, therefore, adopted by the Full Commission. Therefore we affirm and adopt the decision of the Administrative Law Judge, including all findings and conclusions therein, as the decision of the Full Commission on appeal.

ALLEN - G903144 3 IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner