LEWIS v. AUTO PARTS TIRE COMPANY, INC, 2006 AWCC 142

CLAIM NOS. F109650 F412000

RANDY E. LEWIS, EMPLOYEE, CLAIMANT v. AUTO PARTS TIRE COMPANY, INC., D/B/A FLITELINE MOTORS EMPLOYER RESPONDENT NO. 1 ZENITH INSURANCE COMPANY, CARRIER, INSURANCE CARRIER RESPONDENT NO. 1 SECOND INJURY FUND, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 18, 2006

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

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

Respondent No. 1 represented by the Honorable Matthew Mauldin, 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 remand from the Court of Appeals to settle the record. After our consideration of the claimant’s motion, the Respondents’ responses thereto, and all other matters properly before the Commission, we find that the claimant’s motion should be granted.

The Clerk of the Commission is hereby ordered to include the Claimant’s Motion to Notice the Arkansas Attorney General of the Challenge of the Statute of the State of Arkansas and Suspension of Briefing Schedule and brief in support thereof, filed on September 8, 2005, the letter from Stephen Sharum to the Commission, dated September 19, 2005, with the enclosed letter from Wendy Kelley, Deputy Attorney General of the State of Arkansas, dated September 8, 2005, and the Arkansas Workers’ Compensation Commission Opinion dated October 4, 2005, and accompanying letter, and to file the corrected record with the Court of Appeals.

IT IS SO ORDERED.

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