COUCH v. FIRESTONE TUBE CO, 2006 AWCC 87

CLAIM NO. F001124

LARRY D. COUCH, EMPLOYEE, CLAIMANT v. FIRESTONE TUBE CO., EMPLOYER, RESPONDENT NO. 1, GALLAGHER BASSETT SERVICES, INSURANCE CARRIER, TPA, RESPONDENT NO. 1, DEATH PERMANENT TOTAL DISABILITY TRUST FUND, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 23, 2006

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

Claimant represented by the Honorable Aaron L. Martin, Attorney at Law, Fayetteville, Arkansas.

Respondent No. 1 represented by the Honorable Betty J. Demory, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the Honorable Judy W. Rudd, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes for review before the Commission on Respondent No. 2’s Motion for Expedited Dismissal of Appeal to the Court of Appeals. The Full Commission rendered a decision on January 25, 2006. Respondent No. 2 filed an appeal with the Court of Appeals on February 23, 2006. At the same time, Respondent No. 2 also lodged the record with the Court of Appeals. However, they have not yet perfected the appeal by paying the filing fee to the Court of Appeals. Respondent No. 2 now seeks a dismissal of its appeal. The other parties have jointly stipulated to dismiss the appeal.

After duly considering the Respondent No. 1’s motion and all other matters properly before the Commission, we find that we do not have authority to dismiss the appeal. Pursuant to Ark. R.App.P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion to dismiss is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that the case is to be dismissed. In Re Arkansas Rules of Appellate Procedure 3(b).

It is apparent the notice of appeal has already been filed and the record has already been lodged with the Court of Appeals. Accordingly, we find that we do not have jurisdiction over the present matter.

Therefore, we find that Respondent No. 1’s Motion for Expedited Dismissal must be and hereby is denied. The motion must be addressed with the Court of Appeals.

IT IS SO ORDERED.

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