Supreme Court of Arkansas

Bobby Stewart v. Arkansas Glass Container and Risk Management Resources — Sheffield, J., Dissenting

April 29, 20102010 Ark. LEXIS 234

Summary

The dissent would have treated Stewart's December 21, 2005 filing as a request to modify an existing compensation order, rather than as a new claim for additional benefits. It reasoned that the limitations period did not begin until Stewart's changing condition had been fully investigated and treated, and therefore would have reversed the Commission's denial and affirmed the court of appeals. The dissent also maintained that the statutory amendments did not entirely eliminate the prior rule treating a physician-change order as a compensation order.