LEWIS v. AUTO PARTS TIRE CO., INC., 2005 AWCC 199

CLAIM NOS. F109650 and F412000

RANDY E. LEWIS, EMPLOYEE, CLAIMANT v. AUTO PARTS TIRE CO., INC., d/b/a, FLITELINE MOTORS, EMPLOYER, RESPONDENT NO. 1 ZENITH INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT NO. 1 SECOND INJURY FUND, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED OCTOBER 4, 2005

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

Claimant represented by the Honorable Stephen M. Sharum, Attorney at Law, Fort Smith, Arkansas.

Respondents No. 1 represented by the Honorable Matthew Maulden, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the Honorable Terry Pence, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Full Commission on claimant’s Motion to Notice the Attorney General and for Suspension of Briefing Schedule.

The record reflects that the Attorney General has been provided notice pursuant to Ark. Code Ann. § 16-111-106 and has declined to participate in the case at this point. Thus, this part of claimant’s motion is now moot.

Claimant’s request to suspend the briefing schedule while the notice to the Attorney General occurred should be granted since claimant’s time to file his cross-appeal brief has now passed.

Accordingly, we find that claimant’s Motion to Notice the Attorney General is now moot and the claimant’s Motion to Suspend the Briefing Schedule is granted. The Clerk of the Commission is directed to establish another briefing schedule.

IT IS SO ORDERED.

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