ROWELL v. CURT BEAN LUMBER COMPANY, 1998 AWCC 397

CLAIM NO. E600375

REX ROWELL, EMPLOYEE, CLAIMANT v. CURT BEAN LUMBER COMPANY, EMPLOYER, RESPONDENT COMPENSATION MANAGERS, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 8, 1998

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

Claimant represented by RICHARD S. MUSE, Attorney at Law, Hot Springs, Arkansas.

Respondents represented by WALTER A. MURRAY, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion for costs and attorney’s fees.

[3] After our consideration of respondent’s motion and all other matters properly before the Commission, we find that respondent’s motion should be denied. [4] An Administrative Law Judge denied claimant’s request for a change of physician. Claimant filed a timely notice of appeal. Claimant’s brief was due on September 18, 1998. However, claimant decided not to file a brief or pursue the appeal before the Full Commission. Respondent filed its brief on October 2, 1998. Respondent has now filed a motion for costs and attorney’s fees because claimant decided to dismiss his appeal after respondent filed its brief. [5] Based on the above evidence, we find that respondent’s motion for costs and attorney’s fees should be, and hereby is, denied. [6] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[7] MIKE WILSON, Commissioner