CLAIM NO. F410662
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 22, 2005
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant not represented by counsel.
Respondents represented by the HONORABLE SUSAN FOWLER, Attorney at Law, Little Rock, Arkansas.
ORDER
Presently before the Commission is Respondents’ Motion to Remand and to Vacate Dismissal Order. After consideration of the respondents’ motion, response by claimant, and all other matters properly before the Commission, we find that the respondents’s motion should be granted.
The Administrative Law Judge issued an Order on January 4, 2005, dismissing the case pursuant to Rule 13. Subsequent to the Order, the claimant filed a notice of appeal.
Respondents have now filed their motion to vacate the dismissal and request a remand. Respondents assert that the case should not have been dismissed without a hearing pursuant to A.C.A. § 11-9-702(a)(2)(4).
Therefore, we find that the respondents’ motion should be, and hereby is, granted.
IT IS SO ORDERED.
________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner