CLAIM NO. E505773
Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 11, 2001 ORDER VACATED SEPTEMBER 26, 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 motion to dismiss respondent’s appeal to the Commission.
On May 30, 2001, the Commission filed an Order requiring the respondent to either post a bond or make a deposit with the Commission sufficient to ensure payment of the award by the Administrative Law Judge. By letter dated August 9, 2001, the Commission notified the parties that the Commission would consider dismissing respondent’s appeal sua sponte for failure to comply with the Commission’s May, 2001 Order. The parties were allowed an opportunity to respond to this proposed action. Thereafter, claimant formally requested that respondent’s appeal to the Commission be dismissed. Respondent has failed to respond to the Commission’s May 30, 2001 Order or the August 9, 2001 correspondence.
Accordingly, we find that respondent’s appeal to the Commission should be, and hereby is, dismissed. We note that while this matter has been pending before the Commission, claimant has requested a hearing before an Administrative Law Judge on a separate issue. Therefore, we direct the Clerk of the Commission to take any action necessary to deal with claimant’s request for a hearing.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner
ORDER FILED SEPTEMBER 26, 2001 ORDER
Our September 11, 2001 order contains an error and is hereby vacated. In a letter filed August 17, 2001, Respondent has now decided to comply with the award set forth in the March 14, 2001 opinion of the Administrative Law Judge. Further, respondent has agreed to a dismissal of its appeal to the Full Commission.
Accordingly, we find that respondent’s appeal to the Full Commission should be, and hereby is, dismissed.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner