CLAIM NO. F400197
Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 7, 2008
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the Honorable Greg Giles, Attorney at Law, Texarkana, Arkansas.
Respondents represented by the Honorable Phillip Cuffman, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is presently before the Full Commission on a joint motion to Stay Notice of Appeal. After our consideration of the joint motion and all other matters properly before the Commission, we find that the Joint Motion to Stay Appeal should be granted.
On September 12, 2008, the Administrative Law Judge entered an Opinion on this claim concerning claimant’s entitlement to wage loss disability and temporary total disability benefits. Claimant filed a timely notice of appeal. The parties have reached a tentative settlement. The settlement terms are contingent upon the Center for Medicare Services accepting the terms of the settlement and establishing the requirements for a set-aside trust for the claimant’s future medical treatment. Presently, the parties are awaiting word from the Center for Medicare Services with regard to the set-aside trust. Accordingly, we find that the parties have established good cause for the stay of appeal. The joint motion is hereby granted.
The Clerk of the Commission is directed to stay this appeal for a period of six months from the date of this Order. Should the parties fail to finalize this claim via a Joint Petition for Final Settlement within this six month period, the Clerk of the Commission is instructed to establish a briefing schedule. Should additional time be required to obtain final authority from the Center for Medicare Services an additional motion to stay the appeal may be filed.
IT IS SO ORDERED.
________________________________ OLAN W. REEVES, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner
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