FOWLER v. WILLCO ENTERPRISES, 1997 AWCC 202

CLAIM NO. E501803

SANDRA FOWLER, EMPLOYEE, CLAIMANT v. WILLCO ENTERPRISES d/b/a ZIP TRIP, EMPLOYER, RESPONDENT and UNITED STATES FIDELITY GUARANTY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 30, 1997

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

Claimant represented by JAY N. TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by CAROL LOCKARD WORLEY, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] Claimant appeals an order of dismissal filed by an Administrative Law Judge on April 17, 1996.

[3] In an opinion filed August 4, 1995, the Administrative Law Judge found that claimant’s current difficulties were not causally related to an October 1993 compensable injury. It appears that no appeal was filed. In a letter dated June 11, 1996, respondent indicated that on February 29, 1996, it filed a motion to dismiss for failure to prosecute “so they could close their file on this matter.” Claimant objected to the motion on the grounds that there was no active justiciable issue. On April 17, 1996, the Administrative Law Judge filed an Order of Dismissal without prejudice pursuant to Commission Rule 13. The Order of Dismissal is not a final, appealable order and therefore, we cannot determine, at this time, whether the order was appropriate. Linwood Jenkins v. Georgia-PacificCorporation, Full Commission opinion filed May 5, 1992 (D806269). Thus, claimant’s appeal must be dismissed. [4] Accordingly, we find that claimant’s appeal should be, and hereby is, dismissed. [5] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner