David Otwell vs. Jerry Lynn Roberson

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 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE FREDERICK S. “RICK” SPENCER, Attorney at Law, Mountain Home, Arkansas. Respondents represented by the HONORABLE JAMES A. ARNOLD, II, Attorney at Law, Fort Smith, Arkansas. Decision of Administrative Law Judge: Remanded. ORDER The claimant appeals an administrative law judge’s opinion filed November 1, 2024. The administrative law judge found, among other things, that the claimant failed to prove an employer-employee-carrier relationship existed on the date of injury. The Full Commission remands the case to the administrative law judge for new findings of fact and conclusions of law. The claimant contends that he sustained a compensable injury while employed with the respondent Jerry Roberson. The respondents contend, among other things, that the claimant was not an employee in accordance

OTWELL - H303124 2 with the Empower Independent Contractors Act of 2019, codified at Ark. Code Ann. §11-1-204(Supp. 2024). The administrative law judge did not cite or adjudicate the Empower Independent Contractors Act in issuing his findings of fact and conclusions of law. The Full Commission therefore remands this case to the administrative law judge, and we direct the administrative law judge to enter new findings of fact and conclusions of law in accordance with Ark. Code Ann. §11-1-204(Supp. 2024). We announce that henceforth all opinions emanating from administrative law judges and the Full Commission shall incorporate an adjudication of the Empower Independent Contractors Act of 2019 when a claimant’s status as an employee or independent contractor is an agreed issue for litigation. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner