JOHNSON v. BONDS FERTILIZER, INC., 2007 AWCC 79

CLAIM NO. E509478

SCIPIO JOHNSON, EMPLOYEE v. CLAIMANT BONDS FERTILIZER, INC., EMPLOYER RESPONDENT NO. 1 AGRI GROUP-COMP SI FUND, CARRIER RESPONDENT NO. 1 BONDS BROTHERS, INC., EMPLOYER RESPONDENT NO. 2 CNA INSURANCE COMPANY, CARRIER RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 6, 2007

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

Claimant represented by the HONORABLE TIMOTHY S. PARKER, Attorney at Law, Eureka Springs, Arkansas.

Respondent No. 1 represented by the HONORABLE MICHAEL J. DENNIS, Attorney at Law, Pine Bluff, Arkansas.

Respondent No. 2 represented by the HONORABLE D. KEITH FORTNER, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes before the Commission on Respondent No. 2’s Motion to Strike Certain Arguments in Claimant’s Reply Brief and on Claimant’s Motion to Dismiss Bonds Brothers, Inc., and Strike Briefs, Motion and Arguments from Case. Specifically, Respondent No. 2 contends that Claimant has improperly raised issues not raised in their initial brief and Claimant contends that

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Respondent No. 2 is not an interested party in the suit and should therefore be dismissed. After our consideration of Respondent No. 2’s motion, Claimant’s motion, and all other matters properly before the Commission, we find that both motions should be denied.

In its motion Respondent argues that Claimant raised new issues in its reply brief. Notwithstanding our denial of Respondent’s motion, we want to assure the parties that we will not consider any improperly raised issues during our de novo review of the record.

Accordingly, we find that Respondent’s motion to strike portions of Claimant’s brief should be, and hereby is, denied.

In his motion, Claimant essentially contends that Respondent No. 2 is not an interested party in the suit. We find that Respondent No. 2 is and continues to be a necessary party in this matter. Thus, we deny Claimant’s Motion.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
_______________________________ KAREN H. McKINNEY, Commissioner

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_______________________________ PHILIP A. HOOD, Commissioner