CLAIM NO. E213534
LESIA SCHALSKI, EMPLOYEE, CLAIMANT v. OK FOODS, INC., SELF-INSURED EMPLOYER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 8, 1995
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by PHIL KINSEY, Attorney at Law, Fort Smith, Arkansas.
Respondent represented by TOM HARPER, Attorney at Law, Fort Smith, Arkansas.
[1] ORDER
[2] This case comes on for review before the Commission on motion by claimant’s attorney to withdraw.
[3] After our consideration of the motion and all other matters properly before the Commission, we find that this motion should be denied.
[4] After an adverse decision by an Administrative Law Judge, claimant filed a handwritten notice of appeal, which indicates that a copy was sent to her attorney. In this notice of appeal, claimant states that any technicalities “will be handled by the attorney.” Thereafter, claimant’s attorney filed a motion to withdraw. The only reason given claimant’s attorney is that claimant filed her own notice of appeal. After receiving proper notice of the motion and allowed time to respond, claimant objected to her attorney’s motion to withdraw. Claimant’s attorney was allowed time to respond to claimant’s objection but failed to do so. Based on this evidence, we find that claimant’s attorney has failed to show good cause to withdraw and has not shown that he complied fully with Rule 64 of the Arkansas Rules of Civil Procedure.
[5] Accordingly, we find that counsel for claimant’s motion to withdraw should be, and hereby is, denied. The Clerk of the Commission is directed to establish a briefing schedule forthwith.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner
