CANNARD v. CONAGRA FROZEN FOODS, 1994 AWCC 102

CLAIM NO. E120286

SANDY WAYNE CANNARD, EMPLOYEE, CLAIMANT, v. CONAGRA FROZEN FOODS, SELF-INSURED, EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 19, 1994

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

Claimant represented by JACK M. LEWIS, Attorney at Law, Clinton, Arkansas.

Respondent represented by BILL H. WALMSLEY, Attorney at Law, Batesville, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion to dismiss its appeal to the Arkansas Court of Appeals.

[3] After consideration of respondent’s motion, claimant’s failure to respond thereto and all other matters properly before the Commission, we find that respondent’s motion should be denied.

[4] The Full Commission affirmed an opinion of the Administrative Law Judge finding that claimant had sustained a compensable injury and was entitled to certain compensation benefits. Respondent filed a notice of appeal to the Arkansas Court of Appeals. Thereafter, respondent filed a motion with the Commission to dismiss its appeal to the Arkansas Court of Appeals.

[5] We do not have authority to dismiss this appeal. The Arkansas Supreme Court, in a per curiam order dated September 19, 1988, In Re: Arkansas Rules of Appellant Procedure 3 (b), stated:

In Johnson v. Carpenter, 290 Ark. 255, 718 S.W.2d 434 (1986), we stated clearly that appeals were not to be dismissed by trial courts. There is one exception to that statement. A trial court should have the power to dismiss an appeal before the record is docketed with this court or the court of appeals if all parties to the appeal stipulate that it is to be dismissed and they petition the trial court to dismiss it.

[6] Since only respondent has petitioned the Commission to dismiss the appeal and claimant has failed to state a position in regard thereto, we find that respondent’s motion to dismiss its appeal to the Arkansas Court of Appeals should be, and hereby is, denied. Respondent’s motion must be addressed to the Arkansas Court of Appeals.

[7] IT IS SO ORDERED.

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