The Arkansas Court of Appeals recently upheld a decision awarding attorney fees to Gregory Roberson in a workers' compensation case against his employers, Pepper Source, Ltd. and Summit Consulting, LLC. This ruling, delivered on October 28, 2026, is significant because it clarifies the circumstances under which attorney fees can be awarded in workers' compensation disputes.

The case stems from an injury Roberson sustained while working for the appellants on July 14, 2022. He was pinned between two heavy totes, resulting in multiple injuries, including a crush injury to his right arm and various sprains in his back and neck. After the incident, Roberson sought compensation for his injuries, which led to a dispute over whether certain injuries were compensable under workers' compensation laws.

Background

Gregory Roberson, the appellee, was injured while working for Pepper Source, Ltd. and Summit Consulting, LLC. Following the accident, he was taken to Baptist Health, where he was diagnosed with serious injuries. The parties agreed that Roberson suffered a compensable injury to his right shoulder, but there was contention regarding his neck and back injuries.

After undergoing treatment, including physical therapy and MRIs, Roberson's condition was evaluated by Dr. Frank Tomecek, who identified further complications. Although he initially returned to work without restrictions, Roberson later required surgery for his back injury, which led to a request for temporary total-disability benefits starting February 24, 2025.

Roberson's employers accepted liability for the shoulder injury but denied the compensability of the back and neck injuries. This denial prompted Roberson to seek a determination from the Arkansas Workers’ Compensation Commission, which resulted in a hearing on February 12, 2024. The administrative law judge (ALJ) ruled that Roberson had proven his back injuries were compensable, but he did not prove the cervical injury was compensable.

The Ruling

In the appeal, the Arkansas Court of Appeals affirmed the Workers’ Compensation Commission's decision to award attorney fees to Roberson's lawyer. The court ruled that the employer's earlier denial of compensability for Roberson's back injury also extended to the temporary total-disability benefits that arose from that injury.

The court stated, "substantial evidence supports the Commission’s finding that the temporary total-disability benefits were controverted."

The judges on the panel included Stephanie Potter Barrett, along with Judges Abramson and Murphy, who agreed with the ruling. The court emphasized that the denial of compensability required Roberson to obtain legal representation and pursue his claim, which justified the award of attorney fees.

Impact

This ruling is important for both injured workers and employers in Arkansas. It clarifies that a denial of compensability can lead to attorney fees being awarded, even if the employer later begins to pay benefits. The court's decision reinforces the principle that employers cannot avoid responsibility for attorney fees simply by paying benefits after a claim has been contested.

Additionally, this ruling may set a precedent for future workers' compensation cases in Arkansas. It highlights the importance of understanding how claims are interpreted under the law and the implications of contesting compensability for various injuries. Workers who face similar situations may feel more empowered to seek legal counsel, knowing that they can potentially recover attorney fees if their claims are contested.

What's Next

While the court's decision is final, the appellants may consider further legal options, including seeking review by the Arkansas Supreme Court. However, details regarding any potential appeal were not available in the court filing. There are currently no related cases pending that could impact this ruling.