DRIVER v. JACKSON COUNTY SHERIFF’S DEPT., 1998 AWCC 391

CLAIM NO. E509771

JOSEPH M. DRIVER, EMPLOYEE, CLAIMANT v. JACKSON COUNTY SHERIFF’S DEPT., EMPLOYER, RESPONDENT, ASSOCIATION OF ARKANSAS COUNTIES WCT, CARRIER, RESPONDENT NO. 1 and SECOND INJURY FUND, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED DECEMBER 7, 1998

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

Claimant represented by HONORABLE ANTHONY W. BARTELS, Attorney at Law, Jonesboro, Arkansas.

Respondent No. 1 represented by HONORABLE JOHN D. DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by HONORABLE TERRY PENCE, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes before the Full Commission on the claimant’sMotion to Withdraw Cross Appeal to the Arkansas Court of Appeals. After duly considering the claimant’s motion and all other matters before the Commission, we find that we are not authorized to allow the claimant to withdraw his cross-appeal. Ark. R. App. P. 3(b) provides that, if the record on appeal has not been filed pursuant to Rule 5, the Commission may dismiss the cross-appeal upon petition and joint stipulation by all parties that the cross-appeal is to be dismissed. Seealso, In Re Arkansas Rules of Appellate Procedure3(b), 296 Ark. 580, 756 S.W.2d LXXV (1988).

[3] In the present matter, the record on appeal has been filed with the Court of Appeals, pursuant to Ark. R. App. P. 5(a). Consequently, we must deny the claimant’s Motion to WithdrawCross Appeal. The claimant must move the Court of Appeals to allow withdrawal of his cross-appeal. [4] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[5] MIKE WILSON, Commissioner