JONES v. NWA EXPRESS, 2001 AWCC 260

CLAIM NO. F100312

CHARLES JONES, EMPLOYEE, CLAIMANT v. NWA EXPRESS, INC., EMPLOYER, RESPONDENT, CRAWFORD COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 6, 2001

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

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

Respondents represented by the HONORABLE TERRY LUCY, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Commission on respondent’s Motion for Implementation of Stay.

In correspondence dated October 25, 2001 and November 16, 2001, counsel for respondents advised the Commission that the Commonwealth of Pennsylvania ordered Reliance Insurance into Liquidation. Documents furnished by Mr. Lucy reflected that the Order of Liquidation was filed in the Commonwealth Court of Pennsylvania on October 3, 2001. This action triggered liquidation proceedings in Arkansas.

In response to a Petition for Appointment of Ancillary Receiver filed by Insurance Commissioner Mike Pickens, Circuit Judge John Plegge issued an Order to Show Cause. That Order, dated October 19, 2001, included the following provision:
g) All actions currently pending against Reliance insureds before Arkansas Courts or Administrative Law Judges and any such actions filed against insureds of Respondent during the pendency of this action are stayed for a period of ninety (90) days from October 3, 2001.

The claimant’s attorney objects to Mr. Lucy’s Motion for Implementation of Stay on the grounds that: “[t]he Stay of this workers’ compensation case is not against N.W.A. even though there may be a Stay by Judge Plegge as against N.W.A.’s right to go against its own insurance company.” We believe that the claimant’s attorney has misinterpreted the scope of the stay ordered by Judge Plegge, which stays actions against
insureds of Reliance (i.e., NWA Express, Inc.), and the claimant’s attorney has provided us no authority to support his suggestion that proceedings at this Commission are not governed by Judge Plegge’s stay.

Under these circumstances, we find that the Motion for Implementation of Stay must be granted. We direct Ms. Dorothy Jackson, Clerk of the Commission, to appropriately diary this matter for follow-up.

IT IS SO ORDERED.

_____________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
_______________________________ SHELBY W. TURNER, Commissioner