William Middleton vs. L & L Metal Fabrication, Inc

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H202720 WILLIAM L. MIDDLETON, EMPLOYEE CLAIMANT L & L METAL FABRICATION, INC., EMPLOYER RESPONDENT AMERISURE INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 11, 2024 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE MATTHEW J. KETCHAM, Attorney at Law, Fort Smith, Arkansas. Respondents represented by the HONORABLE KAREN H. McKINNEY, Attorney at Law, Little Rock, Arkansas. Decision of Administrative Law Judge: Affirmed and Adopted. OPINION AND ORDER The claimant appeals an administrative law judge’s opinion filed November 30, 2023. The administrative law judge entered the following findings of fact and conclusions of law: 1. The stipulations agreed to by the parties at a pre-hearing conference conducted on April 13, 2023, and contained in a pre- hearing order filed that same date are hereby accepted as fact. 2. Claimant is barred from pursuing this matter because he elected a remedy in civil court and resolved that matter via a settlement. After reviewing the entire record de novo, it is our opinion that the administrative law judge’s decision is supported by a preponderance of the

MIDDLETON - H202720 2 evidence, correctly applies the law, and should be affirmed. Therefore we affirm and adopt the administrative law judge’s November 30, 2023 decision as the opinion of the Full Commission on appeal. See SSI, Inc. v. Cates, 2009 Ark. App. 763, 350 S.W.3d 421. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner