Arkansas Game and Fish Commission, Public Employee Claims Division and Death & Permanent Total Disability Trust Fund…

Summary

The court held that, in a controverted workers' compensation claim, the claimant's one-half share of attorney's fees must be paid from compensation awarded for the work-related injury before any statutory offset is applied. Because the offset otherwise would eliminate the compensation from which the claimant's fee share is paid, the court affirmed the Commission and vacated the court of appeals' decision. Chief Justice Kemp, dissenting, would have held that when the offset reduces compensation payable to zero, the employer has no responsibility for the claimant's share of attorney's fees.