MATTHEWS v. TYSON FOODS, INC., 1998 AWCC 311

CLAIM NOS. E703253 and E703265

OMIA MATTHEWS, EMPLOYEE, CLAIMANT v. TYSON FOODS, INC., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 20, 1998

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

Claimant represented by the HONORABLE JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondent represented by the HONORABLE ANGELA DOSS, Attorney at Law, Fayetteville, Arkansas.

[1] ORDER
[2] This case comes before the Full Commission on the respondent’s Motion to Dismiss the claimant’s Notice of Appeal to the Arkansas Court of Appeals. After duly considering the respondent’s motion and all other matters properly before the Commission, we find that we do not have authority to dismiss the appeal. Pursuant to Ark. R. App. P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion to dismiss is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that the case is to be dismissed. See also, In Re Arkansas Rules of Appellate Procedure3(b), 296 Ark. 580, 756 S.W.2d LXXV (1988). In the present case, the claimant and respondent have not jointly stipulated to dismiss the appeal. Therefore, we find that the respondent’s Motion toDismiss the appeal must be and hereby is, denied. The respondent’s motion must be addressed with the Court of Appeals. [3] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner