SNUGGS v. GRIFFIN ELECTRIC HEATING AIR, 2001 AWCC 125

CLAIM NO. E505773

MARVIN SNUGGS (DEC’D), EMPLOYEE, CLAIMANT v. GRIFFIN ELECTRIC HEATING AIR, UNINSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 30, 2001

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

Claimant represented by HONORABLE DAVID H. McCORMICK, Attorney at Law, Russellville, Arkansas.

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

ORDER
This case comes on for review before the Commission on claimants’ motion to require a bond as a condition to respondent’s appeal to the Full Commission.

After our consideration of claimants’ motion, respondent’s failure to respond to this request, and all other matters properly before the Commission, we find that claimants’ motion should be granted.

This case has previously been before the Commission and the Arkansas Court of Appeals. In short, the Arkansas Court of Appeals made a determination as to which of the various claimants are entitled to dependency benefits. The Court remanded to the Commission for a determination as to the amount each dependent is entitled to receive as a result of the compensable death of Marvin Snuggs.

On March 14, 2001, the Administrative Law Judge determined the amount of dependency benefits accrued and owed as of the date of the hearing. Respondent has appealed to the Commission. Claimants have filed the present motion seeking a bond to ensure payment of the Administrative Law Judge’s award, as well as the attorney’s fees and costs awarded by the Arkansas Court of Appeals.

Ark. Code Ann. § 11-9-808 (Repl. 1996) provides that “[t]he Workers’ Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payment shall be made upon order of the commission.”

In granting claimant’s request, we note that respondent is an uninsured employer and, consequently, is in violation of the Arkansas Workers’ Compensation Law and subject to sanctions under Ark. Code Ann. § 11-9-406
(Repl. 1996). Further, we note that respondent has been ordered by the Administrative Law Judge to pay an amount in excess of $73,000, not even considering the awards for attorney’s fees and costs.

We therefore find that a deposit or bond is necessary to guarantee payment of the sums which respondent has been ordered to pay. Respondent is hereby ordered and directed to immediately make a deposit or post a bond in an amount and form which is satisfactory to the Commission to guarantee the payment of all sums which respondent has been ordered to pay. The amount of this deposit or bond must be sufficient to guarantee payment of the entire award of the Commission. Respondent has the obligation to provide the Commission with evidence that it has complied with this Order, and the Clerk of the Commission shall not establish a briefing schedule until such evidence is received and approved by the Commission. Respondent shall have 10 days within which to comply with this Order. If respondent fails to comply with this Order, claimant may file a motion to dismiss respondent’s appeal to the Commission.

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner