ALVAREZ v. KEYSTONE FASTENERS, 1998 AWCC 251


CLAIM NOS. E514724 and E514725

GARRY ALVAREZ, EMPLOYEE, CLAIMANT v. KEYSTONE FASTENERS, EMPLOYER, RESPONDENT and WAUSAU INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 24, 1998

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant appears pro se.

Respondents represented by the HONORABLE ANGELA DOSS, Attorneys at Law, Fayetteville, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on the Respondent’s Motion to Dismiss the Claimant’s Appeal to the Arkansas Court of Appeals. After duly considering the respondent’s motion and all other matters properly before the Commission, we find that we do not have authority to dismiss this appeal. Pursuant to Ark. R. App. P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion for dismissal is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that it is to be dismissed.See also, In Re Arkansas Rules of Appellate Procedure 3(b), 296 Ark. 580, 756 S.W.2d LXXII (1988). In the present case, the claimant objects to dismissing the appeal. Therefore, we find that the respondent’s motion to dismiss the claimant’s appeal to the Arkansas Court of Appeals should be, and hereby is, denied. The respondent’s motion must be addressed to the Arkansas Court of Appeals.

[3] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[4] MIKE WILSON, Commissioner