BLASINGAME v. INSURANCE COMPANY, 2002 AWCC 105


CLAIM NOS. F008967, F009694, F105066

RITA BLASINGAME, EMPLOYEE, CLAIMANT v. FORT SMITH NURSING (MULTISTAFF LEASING), EMPLOYER, RESPONDENT, NO. 1 GALLAGHER BASSETT SERVICES, INC./LEGION INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT NO. 1, EMPLOYERS INSURANCE OF WAUSAU, INSURANCE CARRIER, RESPONDENT, NO. 2

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 10, 2002

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

Claimant represented by HONORABLE EDDIE H. WALKER, JR., Attorney at Law, Fort Smith, Arkansas.

Respondent No. 1 represented by HONORABLE FRANK NEWELL, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by HONORABLE JAMES ARNOLD, II, Attorney at Law, Fort Smith, Arkansas.

ORDER
This case comes on for review before the Commission on respondent’s Petition to Stay Proceedings for a period of 90 days from March 28, 2002. The claimant has posed no objection.

In correspondence dated April 18, 2002, counsel for the respondents advised the Commission that the Commonwealth of Pennsylvania ordered Legion Insurance Company into Rehabilitation. Documents furnished by Mr. Newell reflect that the Order of Rehabilitation was filed in the Commonwealth Court of Pennsylvania on March 28, 2002. The Order states:

24. a. All court actions, arbitrations and mediations currently or hereafter pending against Legion in the Commonwealth of Pennsylvania or elsewhere are hereby stayed.
b. All court actions, arbitrations and mediations currently or hereafter pending against an insured of Legion in the Commonwealth of Pennsylvania or elsewhere are stayed for ninety (90) days from the effective date of this Order or such additional time as the Rehabilitator may request.

Under these circumstances, we find that the Petition to Stay Proceedings must be granted. We direct Ms. Dorothy Jackson, Clerk of the Commission, to appropriately diary this matter for follow-up.

IT IS SO ORDERED.

_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ JOE E. YATES, Commissioner