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OSBORNE v. BEKAERT CORP.

No. CA 06-537.

245 S.W.3d 185 (2006)

Billy OSBORNE, Appellant v. BEKAERT CORPORATION, Death & Permanent Total Disability Trust Fund, and Liberty Mutual Group, Appellees.

Court of Appeals of Arkansas.

December 13, 2006.

Attorney(s) appearing for the Case

Walker, Shock, Cox & Harp, PLLC, by: Eddie H. Walker, Jr., Fort Smith, for appellant.

Ledbetter, Cogbill, Arnold & Harrison, LLP, by: James A. Arnold, Fort Smith, for appellee Bekaert Corporation.

Judy W. Rudd, Little Rock, for appellee Death & Permanent Total Disability Trust Fund.

JOHN B. ROBBINS, Judge.

In this appeal, appellant Billy Osborne appeals the findings by the Commission that (1) Arkansas Code Annotated section 11-9-522(f) (Repl.2002) is constitutional, and (2) the employer had not controverted his status as permanently totally disabled. We hold that the statute is unconstitutional. We hold that the Commission's finding on controversion is supported by substantial evidence. Thus, we reverse in part, and we affirm in part.

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