ANDERSON v. WOODLAND MANOR, 1996 AWCC 50


CLAIM NO. E501002

MARILYN ANDERSON, EMPLOYEE, CLAIMANT v. WOODLAND MANOR, SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MARCH 4, 1996

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

Claimant represented by JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondent represented by WALTER MURRAY, Attorney at Law, Fayetteville, Arkansas.

[1] ORDER
[2] Respondent filed a motion to dismiss claimant’s appeal to this Commission for want of prosecution. In response, claimant asked that we assess costs against respondent’s attorney.

[3] Respondent argues that claimant’s appeal should be dismissed simply because claimant chose not to file a brief on appeal. We have found, on numerous occasions, that appeals should not be dismissed for failure to file a brief. Leon Luckett v. CenturyTub, Full Commission opinion filed October 3, 1995 (E400135);Jerry A. Greenlee v. Arkansas Power Light Co., Full Commission opinion filed October 11, 1995 (E316039).

[4] Additionally, we deny claimant’s request that we assess costs against respondent’s attorney for filing frivolous motions. However, we note that counsel for respondent knew, or should have known, that we would not grant this motion since we denied a similar motion filed by him in Leslie Green v. Dealers TruckEquipment Co., Full Commission opinion filed November 5, 1990 (D904265 and D907334).

[5] Accordingly, we deny respondent’s motion to dismiss claimant’s appeal and claimant’s request for costs.

[6] IT IS ORDERED.

JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner

[7] Commissioner Holcomb concurs.