POHL v. ASPLUNDH TREE EXPERT COMPANY, 2010 AWCC 125

CLAIM NO. F610272

DAWN POHL, EMPLOYEE CLAIMANT v. ASPLUNDH TREE EXPERT COMPANY, EMPLOYER RESPONDENT LIBERTY MUTUAL INSURANCE COMPANY, CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 27, 2010

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

Claimant represented by the Honorable Evelyn Brooks, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by the Honorable Chris Parks, Attorney at Law, Fort Smith, Arkansas.

ORDER
This matter comes on for review before the Commission on Claimant’s Motion to Dismiss Appeal.

After duly considering the claimant’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.In Re Arkansas Rules of Appellate Procedure 3(b), 296 Ark. 580, 756 S.W.2d LXXV (1988).

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In the present case, the claimant and respondent have not jointly stipulated to dismiss the appeal. Because the Commission is without jurisdiction over this claim, we have no authority to grant the claimant’s motion. Therefore, we find that the appeal must be and hereby is denied. The claimant’s motion must be addressed with the Court of Appeals.

IT IS SO ORDERED.

________________________________ A. WATSON BELL, Chairman

________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner

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