KIRK v. CITY OF PINE BLUFF, 1996 AWCC 51

CLAIM NO. E310711

MAURICE KIRK, EMPLOYEE, CLAIMANT v. CITY OF PINE BLUFF, EMPLOYER, RESPONDENT and GALLAGHER BASSETT, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 5, 1996

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

Claimant appeared pro se.

Respondents represented by WILLIAM M. GRIFFIN, III, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on claimant’s motion for reconsideration and respondent’s motion to dismiss claimant’s appeal to the Arkansas Court of Appeals.

[3] After our consideration of these motions and all other matters properly before the Commission, we find that both motions should be denied. [4] In an order filed September 13, 1995, the Commission dismissed claimant’s appeal to the Commission as being untimely filed. For purposes of the present order, we are treating claimant’s September 22, 1995 correspondence as a motion for reconsideration. After a review of our prior opinion, as well as claimant’s motion, we see no reason to reconsider or clarify our prior opinion. [5] Although the Commission appropriately interpreted claimant’s correspondence as an appeal to the Arkansas Court of Appeals and subsequently prepared a transcript, claimant now insists that he never intended to appeal to the Court. Respondent has filed a motion to dismiss claimant’s appeal to the Court for failure to timely docket the record on appeal. Assuming claimant has a legitimate appeal to the Court, we are without authority to dismiss it because both parties have not joined in the motion to dismiss. Audie McCauley v. City Linen and Uniform Service, Full Commission opinion filed July 23, 1990 (D303844). [6] Accordingly, we find that claimant’s motion for reconsideration and respondent’s motion to dismiss claimant’s appeal to the Court should be, and hereby are, denied. [7] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner

[8] Commission Holcomb concurs.