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AWCC# H303124·Full Commission·ALJ decision affirmed

David Otwell vs. Jerry Lynn Roberson

Decision date
Oct 24, 2025
Employer
Jerry Lynn Roberson
Filename
Otwell_David_H303124_20251024.pdf

NOT DESIGNATED FOR PUBLICATION 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 OCTOBER 24, 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: Affirmed and Adopted. OPINION AND ORDER The claimant appeals an administrative law judge’s OPINION ON REMAND FILED JULY 29, 2025. The administrative law judge entered the following findings of fact and conclusions of law: 1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim. 2. That the claimant has failed to satisfy the required burden of proof to show that an employer/employee carrier relationship existed between the claimant and the respondent on June 25 th , 2022, the date of the injury. 3. That all other issues are found to be moot. 4. If not already paid, the respondents are ordered to pay the cost of the transcript forthwith.

OTWELL - H303124 2 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 evidence, correctly applies the law, and should be affirmed. The evidence demonstrates that the administrative law judge’s findings are correct and are therefore adopted by the Full Commission. The claimant has not proven that any aspect of the Commission’s adjudication is violative of the claimant’s constitutional rights. See Long v. Wal-Mart Stores, Inc., 98 Ark. App. 70, 250 S.W.3d 263 (2007). The Full Commission affirms and adopts the July 29, 2025 decision of the administrative law judge, including all findings of fact and conclusions of law, as the Full Commission’s opinion on appeal. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner

Source: https://www.labor.arkansas.gov/wp-content/uploads/Otwell_David_H303124_20251024.pdf. Published by the Arkansas Department of Labor and Licensing, Workers' Compensation Commission. Republished here as a public reference; consult the original PDF for citation.