SOUTHERN WOODEN BOX CO. v. SMITH

No. CA 81-308.

631 S.W.2d 620 (1982)

SOUTHERN WOODEN BOX COMPANY and American Mutual Insurance Company, Appellants, v. Archie SMITH, Appellee.

Court of Appeals of Arkansas.

April 21, 1982.


Attorney(s) appearing for the Case

Penix, Penix & Mixon, Jonesbor, and Shackleford, Shackleford & Phillips, P.A., El Dorado, amicus curiae for Arkansas Adjusters Assoc. & Workers' Compensation Claims Conference.

Bridges, Young, Matthews, Holmes & Drake, Pine Bluff, amicus curiae for Intern. Paper Co.

Mayes & Murray by Walter A. Murray, Little Rock, amicus curiae for Arkansas Assoc. of Self-Insurers.

J. Gayle Windsor, Jr., Little Rock, amicus curiae for Associated Industries of Arkansas, Inc., and Arkansas State Chamber of Commerce.

Allen, Cabe & Lester, Little Rock, amicus curiae for Independent Ins. Agents of Arkansas.

Rose Law Firm, Little Rock, amicius curiae for Arkansas Poultry Federation.

Henry & Walden, Jonesboro, and Youngdahl & Larrison by James H. Larrison, Jr., Little Rock, amicus curiae for appellee.


GLAZE, Judge.

The issue raised in this Workers' Compensation case is one of first impression. Simply stated, the question we must address is whether a claimant is entitled under Arkansas law to obtain additional benefits after a final award without a showing that he has experienced a change in physical condition. In a split decision, the Commission answered this question in the affirmative, and thereby permitted the appellee to reopen his claim solely on the grounds...

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