Arkansas Game & Fish Commission v. Gerard (Majority, with Dissenting)Annotate this Case
The Supreme Court affirmed the decision of the Arkansas Workers’ Compensation Commission that one-half of Oscar Gerard’s attorney’s fees must be paid by the Arkansas Game & Fish Commission (AG&F).
Gerard sustained a compensable injury, and AG&F accepted the injury as compensable and paid medical and indemnity benefits. After three surgeries related to his injury, Gerard sought additional benefits. The administrative law judge (ALJ) awarded Gerard additional benefits. Gerard then requested that the ALJ find AG&F responsible for his one-half of attorney’s fees. The ALJ ordered AG&F to deduct Gerard’s one-half of attorney’s fees from the additional benefits awarded and to pay that amount to his attorneys. The full Workers’ Compensation Commission affirmed and adopted the ALJ’s findings. The Supreme Court affirmed, holding that the Commission correctly found that one-half of Gerard’s attorney’s fees must be paid by the AG&F.