CLAIM NO. F102714
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 6, 2003
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.
Respondents represented by HONORABLE CONSTANCE G. CLARK, Attorney at Law, Fayetteville, Arkansas.
ORDER
In an order entered February 19, 2002, and based on the parties’ joint motion, the Full Commission remanded the above-styled matter to the Administrative Law Judge for consideration of a joint petition settlement. In an order entered May 8, 2002, the Administrative Law Judge denied approval of a joint petition settlement, because the claimant failed to furnish the respondents with releases of all subrogation claims, as required by Ark. Code Ann. § 11-9-411(c)(1). The claimant appealed to the Full Commission the Administrative Law Judge’s denial of a joint petition settlement.
However, Ark. Code Ann. § 11-9-805(e) provides that “No appeal shall lie from an order or award denying a joint petition.” The Full Commission therefore dismisses the claimant’s appeal of the Administrative Law Judge’s May 8, 2002 order. We instruct the Administrative Law Judge to determine the amount of any potential subrogation claims and to direct the carrier to hold in reserve said sums for five (5) years, pursuant to Ark. Code Ann. § 11-9-411(c)(2)(A). The Administrative Law Judge shall then hear a joint petition for final settlement pursuant to Ark. Code Ann. § 11-9-805. Pending hearing of a joint petition for final settlement, the Full Commission holds in abeyance the parties’ appeal of the Administrative Law Judge’s opinion filed November 16, 2001.
IT IS SO ORDERED.
______________________________ OLAN W. REEVES, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner