CLAIM NO. E705743
Before the Arkansas Workers’ Compensation Commission
ORDER AUGUST 24, 1998
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by R. GUNNER DELAY, Attorney at Law, Fort Smith, Arkansas.
Respondents represented by MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This case comes on for review before the Commission on claimant’s petition for approval of a third-party settlement. [3] After our consideration of claimant’s motion, respondent’s objection thereto and all other matters properly before the Commission, we find that this matter requires a hearing before an Administrative Law Judge. [4] This case is currently on appeal by respondent to the Commission from an Administrative Law Judge’s decision finding that claimant sustained a compensable injury, that a motor vehicle accident did not constitute an independent intervening cause and that claimant is entitled to benefits for temporary total disability. Claimant now seeks approval of a proposed settlement of a third-party action. [5] We find that a remand is warranted under the facts of this case. We hereby hold in abeyance any decision concerning the Administrative Law Judge’s award of benefits. [6] Respondent’s appeal on those issues is preserved until after a decision has been rendered by the Administrative Law Judge concerning the proposed third-party settlement. Following such a decision, we direct the Administrative Law Judge to forward the file to the Clerk of the Commission, who shall set another submission date forthwith. [7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner