CLAIM NO. E909055 D615473
Before the Arkansas Workers’ Compensation Commission
OPINION FILED MARCH 12, 2004
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE GENE E. McKISSIC, Attorney at Law, Pine Bluff, Arkansas.
Respondents No. 1 represented by HONORABLE RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by HONORABLE JUDY RUDD, Attorney at Law, Little Rock, Arkansas.
Decision of the Administrative Law Judge: Denied and dismissed.
OPINION AND ORDER
This case comes on for review by the Full Commission on appeal by claimant’s widow from an opinion filed herein by an Administrative Law Judge on September 2, 2003 denying a joint petition.
The Administrative Law Judge ruled:
4. Subsequent to a hearing on compensability, and prior to a ruling on same, the parties reached a tentative settlement of the claim, and prepared a proposed Joint Petition encompassing terms of the settlement. On August 26, 2002, the claimant died from causes unrelated to the claimed July 20, 1999 injury.
5. A hearing was not conducted before the Arkansas Workers’ Compensation Commission on the proposed Joint Petition prior to the death of the claimant. Ark. Code Ann. § 11-9-805 and Commission Rule 19, mandates that a hearing be conducted before the Arkansas Workers’ Compensation Commission before approval of a Joint Petition can be had and its terms enforceable.
6. Claimant’s death of August 26, 2002 was unrelated to his claimed injury of July 20, 1999, over which the Arkansas Workers’ Compensation Commission has jurisdiction. At the time of the claimant’s August 26, 2002 death, compensability of the July 20, 1999 claim had not been established. Ark. Code Ann. § 11-9-102(6) defines death to mean only death resulting from a compensable injury.
7. Petitioner is the widow of claimant. At the time of claimant’s August 26, 2002 death, compensability of the July 20, 1999 claim had not been establish (sic). Claimant’s death was unrelated to July 20, 1999 claim. Petitioner does not have standing under the Arkansas Constitution (Ark. Const. Art. 5 § 32) or the Arkansas Workers’ Compensation Act.
Pursuant to Ark. Code Ann. § 11-9-805(e), no appeal from a denial of a Joint Petition can lie. We are without jurisdiction to review this appeal from the denial of this proposed Joint Petition. Odom v. ToscoCorp., 12 Ark. App. 196, 672 S.W.2d 915 (1984). See also Quinn v. WebbWheel, 52 Ark. App. 208, 915 S.W.2d 740 (1996).
Accordingly, we deny and dismiss this appeal.
IT IS SO ORDERED.
________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner