KEETER v. WHITLOCK, 2006 AWCC 102

CLAIM NO. F003440

LESLIE A. KEETER, EMPLOYEE, CLAIMANT, v. MICHAEL WHITLOCK d/b/a MICHAEL WHITLOCK TRUCKING CO., EMPLOYER, RESPONDENT NO. 1, CLARENDON NATIONAL INSURANCE, INSURANCE CARRIER, RESPONDENT NO. 1, AGGREGATE TRANSPORTATION SPECIALIST, LLC, EMPLOYER, RESPONDENT NO. 2, MISSOURI EMPLOYERS MUTUAL INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT NO. 2, JOURNIGAN CONSTRUCTION CO., EMPLOYER, RESPONDENT NO. 3, BUILDERS ASSOCIATION OUTSTATES INSURANCE PLAN, BENCHMARK INS. CO., RESPONDENT NO. 3, JONES BROS., INC., EMPLOYER, RESPONDENT NO. 4, LUMBERMAN’S UNDERWRITING ALLIANCE, RESPONDENT NO. 4, DEATH PERMANENT DISABILITY FUND, RESPONDENT NO. 5

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 21, 2006

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

Claimant represented by the Honorable Joseph H. Purvis, Attorney at Law, Little Rock, Arkansas.

Respondent, employer No. 1 not represented by counsel.

Respondent carrier No. 1 dismissed as a party.

Respondent employer No. 2 represented by the Honorable Constance G. Clark, Attorney at Law, Fayetteville, Arkansas.

Respondent carrier No. 2 represented by the Honorable J.C. Baker, Attorney at Law, Little Rock, Arkansas.

Respondent employer No. 3 represented by the Honorable Wayne Harris, Attorney at Law, Fort Smith, Arkansas.

Respondent carrier No. 3 represented by the Honorable Frank B. Newell, Attorney at Law, Little Rock, Arkansas.

Respondents No. 4 represented by the Honorable Terence C. Jensen, Attorney at Law, Benton, Arkansas.

Respondent No. 5 not participating in hearing.

ORDER
In the above-styled matter, the Supreme Court of Arkansas has affirmed the Commission in part and has reversed and remanded in part. See, Jones Bros. Inc. Lumbermen’s Underwriting Alliance v. Michael Whitlock d/b/a Michael Whitlock Trucking Co., Et Al,
No. 05-1135 (May 4, 2006).

In accordance with the mandate of the Supreme Court, and pursuant to Ark. Code Ann. § 11-9-402(a) (Repl. 1996) et seq., the Commission finds that Jones Brothers’s initial recourse in this matter is against Michael Whitlock d/b/a Michael Whitlock Trucking Company. All prior orders of the Commission not in conflict with the mandate of the Arkansas Supreme Court shall remain in effect.

IT IS SO ORDERED.

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