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Advanced Portable X-Ray, LLC v. Parker

Court of Appeals of Arkansas, Division II

October 8, 2014

ADVANCED PORTABLE X-RAY, LLC, APPELLANT
v.
CONNIE PARKER, APPELLEE

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION. COMMISSION NO. G201074.

Bassett Law Firm LLP, by: Dale W. Brown and Grace K. Johnson, for appellant.

Tolley & Brooks, P.A., by: Evelyn E. Brooks, for appellee.

KENNETH S. HIXSON, Judge. PITTMAN and WALMSLEY, JJ., agree.

OPINION

Page 399

KENNETH S. HIXSON, Judge

This is the second appeal in this workers' compensation case. In the first appeal, we remanded for the Commission to provide additional findings and conclusions on whether the employer was entitled to a statutory credit provided in Arkansas Code Annotated section 11-9-807(b) (Repl. 2012), and if so, the extent of the credit. See Parker v. Advanced Portable X-Ray, LLC, 2014 Ark.App. 11, 431 S.W.3d 374. Following our remand, the Commission found that the employer, appellant Advanced Portable X-Ray, LLC (" APX" ) was not entitled to this credit. APX appeals. We reverse because the Commission erred in its application of section 11-9-807(b).

The chronology of events in these proceedings are set out in detail in our first opinion, so we will not restate them. We will, however, provide an abbreviated

Page 400

explanation. Appellee Connie Parker worked for APX, a mobile x-ray company, and in September 2011, Parker sustained work-related injuries. APX continued to pay Parker her regular wages while she was healing, through January 15, 2012. APX terminated her from employment as of January 26, 2012, prior to her expected medical release.

On January 30, 2012, Parker sent a letter to the Equal Employment Opportunity Commission (" EEOC" ) followed by a formal discrimination charge in March 2012. She accused APX of violating the Americans with Disabilities Act (" ADA" ) when it fired her while she was disabled from working. In April 2012, Parker and APX settled the EEOC charge following a confidential mediation session wherein APX agreed to pay Parker " lost wages" of $60,000, less applicable taxes (tendering a $47,485 check), in exchange for Parker " resigning" and not instituting a lawsuit under the ADA. The settlement check referenced a one-day " pay period" of April 27, 2012, and it recited that this was " regular pay" for " earnings and hours" with a " net pay" of $47,485.

Parker's workers' compensation claim proceeded. APX contested her claim, arguing in part that it was entitled to a statutory credit pursuant to Arkansas Code Annotated section 11-9-807(a) or section 11-9-807(b). The statute provides:

Credit for compensation or wages paid.
(a) If the employer has made advance payments for compensation, the employer shall be entitled to be reimbursed out of any unpaid installment ...

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