BARNES v. GEORGIA-PACIFIC CORP., 1997 AWCC 180

CLAIM NO. E410686

VAUGHN D. BARNES, EMPLOYEE, CLAIMANT v. GEORGIA-PACIFIC CORP., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 14, 1997

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

Claimant represented by BILLY J. HUBBELL, Attorney at Law, Crossett, Arkansas.

Respondent represented by JAMES M. GARY, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] Respondent appeals the order of the Administrative Law Judge granting reconsideration of its previous order dismissing claimant’s claim filed on February 7, 1996. The Administrative Law Judge denied respondent’s motion to dismiss this claim pursuant to Ark. Code Ann. § 11-9-702
(a) (4). After our review of this matter, to include the order appealed from and the briefs of the party, we find that the order granting the motion for reconsideration is not a final appealable order. Consequently, we find that respondent’s appeal must be dismissed.

[3] The Commission has previously adopted the rules regarding appealability adopted by Arkansas appellate courts. In this regard, we have previously found that, to be appealable, an order “must dismiss parties from the court, discharge them from the action, or conclude their rights to the subject matter in controversy.” DonaldPhylant v. R.L. Johnson Son, Inc., FC Opinion June 23, 1987 (D505505). The Commission subsequently also adopted the refinement to the rule enunciated by the Court of Appeals in Jena Marie Farms v. Jones, 28 Ark. App. 90, 770 S.W.2d 680 (1989). In Jena Marie Farms, the court stated that in order to be appealable, a decree must place “the court’s directive into execution, ending the litigation or a separable branch of it.” [4] It is well-settled that an order which is not a final order it not appealable. Dodd v. Bonds, 22 Ark. 950, 251 S.W.2d 587 (1952). Consequently, we find that the order granting reconsideration and denying respondent’s motion to dismiss is not a final appealable order. The order did not put the court’s directive into execution nor did it end the litigation. Therefore, we dismiss the respondent’s appeal. [5] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[6] Commissioner Wilson concurs.