HARRELL v. INTERNATIONAL PAPER COMPANY, 2003 AWCC 86

CLAIM NO. F206849

CLIFFORD WAYNE HARRELL, EMPLOYEE, CLAIMANT v. INTERNATIONAL PAPER COMPANY, EMPLOYER, RESPONDENT, SEDGWICK CLAIMS MGMT. SVCS., INC., CARRIER, RESPONDENT, ARKANSAS BLUE CROSS BLUE SHIELD, INTERVENOR

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 8, 2003

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

Claimant represented by HONORABLE KENNETH E. BUCKNER, Attorney at Law, Pine Bluff, Arkansas

Respondent represented by HONORABLE MICHAEL J. DENNIS, Attorney at Law, Pine Bluff, Arkansas.

Intervenor represented by HONORABLE CHET ROBERTS, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes before the Full Commission on a Motion of Intervention by Arkansas Blue Cross Blue Shield, sent to the Commission under cover letter dated March 7, 2003, signed by Chet Roberts, Senior Counsel, Litigation. The Motion states that Blue Cross Blue Shield has paid medical expenses on behalf of the claimant, that the medical condition giving rise to expenses is work-related, and that Blue Cross Blue Shield is entitled to recover their payments from the respondents. The respondents have filed a Response to this Motion denying the allegations set forth above and asserting that the Motion is untimely, as this case is pending on appeal to the Full Commission. After considering the intervenor’s Motion, the respondents’ response thereto, and all other matters properly before the Commission, we find that the Motion is moot and should therefore be denied.

The Administrative Law Judges’ opinion in this matter, filed January 14, 2003, includes the following statements: “Some medical expenses have been paid by Blue Cross Blue Shield, who has filed a lien” and “The following were submitted without objection and comprise the evidence of record: . . . documentation supporting Blue Cross Blue Shield’s lien incorporated by reference.” Included in the case-file is a blue-backed copy of a Motion for Intervention, file-marked September 25, 2002, sent to the Commission by cover letter dated September 25, 2002, signed by Frank B. Sewall, Senior Counsel, Litigation. The content of this Motion is identical to that of the Motion filed by Blue Cross Blue Shield in March 2003.

It is unclear why Blue Cross Blue Shield filed their Motion a second time; however, it appears that the Motion filed in March 2003 is an unnecessary duplication and should be denied at this time, as Blue Cross
Blue Shield’s lien and intervenor status are already established.

With regard to the respondents’ Response, which argues that the Motion to Intervene should be denied as untimely because it was not filed until after the claim had been appealed to the Full Commission, we note that this Commission has previously granted a third-party motion for intervention after a claim had been appealed to the Full Commission. See, Watkins v. M M Block, Claim No. E702833, Order filed November 24, 1997, upheld in an Order filed April 2, 1998. Therefore, the respondents’ argument does not appear well-grounded. Further, the hearing transcript and the Administrative Law Judge’s Opinion establish that the respondents raised no objection to the Motion when it was initially filed and entered into evidence.

For the foregoing reasons, the Motion to Intervene filed by Arkansas Blue Cross Blue Shield on March 7, 2003, is hereby denied.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ JOE E. YATES, Commissioner