BROWN v. WILLAMETTE INDUSTRIES, INC., 1994 AWCC 166

CLAIM NO. E302570

HARRY G. BROWN, EMPLOYEE, CLAIMANT v. WILLAMETTE INDUSTRIES, INC., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 22, 1994

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

Claimant represented by SILAS H. BREWER, JR., Attorney at Law, Little Rock, Arkansas.

Respondent represented by NORWOOD PHILLIPS, Attorney at Law, El Dorado, Arkansas.

[1] ORDER
[2] This case comes on for review by the Full Commission on Respondent’s Motion to Dismiss Claimant’s Notice of Appeal to the Arkansas Court of Appeals.

[3] After reviewing respondent’s motion, and all other matters properly before this Commission, we decline to address the merits of the motion to dismiss. [4] On July 25, 1994, the Full Commission filed an opinion affirming and adopting the decision of the Administrative Law Judge holding that claimant is barred from receiving benefits pursuant to the Shipper’s Transport
defense. Thereafter, on August 29, 1994, claimant filed a Notice of Appeal to the Arkansas Court of Appeals. On September 1, 1994, respondent filed a Motion to Dismiss Claimant’s Notice of Appeal contending claimant’s appeal should be dismissed because the notice was filed more than thirty (30) days after the filing of the Full Commission’s opinion and order. [5] Based upon the Arkansas Supreme Court’s per curiam order dated September 19, 1988, the Full Commission is powerless to dismiss this appeal. As we have said in the case of Bertha Cox v. Town Country Discount Foods, Full Commission order filed November 22, 1989 (D514450), “A motion to dismiss such an appeal must be addressed to the Arkansas Court of Appeals.” [6] Having found that this Commission is powerless to dismiss this appeal and that the parties’ proper remedy is with the Arkansas Court of Appeals, we decline to rule on the merits of respondent’s motion. [7] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner