BELLYEA v. NOVAR CONTROLS, 2004 AWCC 168

CLAIM NOS. F210147, F303999, F304350

BARBARA BELLYEA (CLARK), EMPLOYEE, CLAIMANT v. NOVAR CONTROLS, EMPLOYER RESPONDENT TRAVELERS INSURANCE, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 20, 2004

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

Claimant represented by HONORABLE R. GUNNAR DELAY, Attorney at Law, Fort Smith, Arkansas.

Respondent represented by Robert Montgomery, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Commission on Claimant’s motion to dismiss her appeal and Claimant’s motion to substitute counsel.

The claimant presently has an appeal pending before the Commission. Claimant’s motion states that she and her attorney believe that it is now in Claimant’s best interest to dismiss her pending appeal.

The claimant’s motion also seeks to substitute her previous counsel, Hon. James E. Evans, Jr., with Hon. R Gunner DeLay. Hon. James E. Evans, Jr. responded to Claimant’s motions and has requested that the Commission place his response in the case file showing that his office claims an attorney lien on any proceeds payable to Claimant in regard to Workers’ Compensation matters, now, pending or in the future, pursuant to Ark. Code Ann. § 11-9-715.

Accordingly, after consideration of the Claimant’s motions and all other matters properly before the Commission, we find that Claimant’s motion to dismiss its appeal and Claimant’s motion to substitute counsel are hereby granted.

IT IS SO ORDERED.

______________________________ OLAN W. REEVES, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ KAREN H. McKINNEY, Commissioner