BELL v. WORTHEY, 1999 AWCC 63

CLAIM NO. E715290

ROGER BELL, EMPLOYEE, CLAIMANT and JEREMY F. WORTHEY, EMPLOYER, RESPONDENT and WAUSAU INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 1, 1999

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

Claimant appears pro se.

Respondents represented by the HONORABLE MICHAEL RYBURN, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on the respondents’ Motion to Dismiss claimant’s appeal to the Court of Appeals. After giving due consideration to the respondents’ motion, the claimant’s response thereto, and all other matters properly before the Full Commission, we find that we do not have authority to dismiss the appeal. Pursuant to Ark. R. App. P. Rule 3(b), this Commission can dismiss an appeal to the Arkansas 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 Rules of Appellate Procedure 3(b), 296 Ark. 580, 756 S.W.2d LXXII (1988). In the present case, the claimant has not joined into a stipulation to dismiss the appeal. Therefore, we find that the respondents’ motion to dismiss the claimant’s appeal to the Arkansas Court of Appeals should be, and hereby is, denied. The respondents’ motion must be addressed to the Arkansas Court of Appeals. [3] IT IS SO ORDERED. [4] ________________________________
ELDON F. COFFMAN, Chairman

____________________________________________________ PAT WEST HUMPHREY, Commissioner

________________________________ MIKE WILSON, Commissioner