CLAIM NO. E119864
ELENA STRANGE, EMPLOYEE, CLAIMANT v. TRI-STATE MANAGEMENT, EMPLOYER, RESPONDENT NO. 1, STATE FARM INSURANCE, INSURANCE CARRIER, RESPONDENT NO. 1 and SECOND INJURY FUND, RESPONDENT NO. 2
Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 25, 1996
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents No. 1 represented by the HONORABLE JAMES W. TILLEY, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by the HONORABLE DAVID L. PAKE, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This case comes before the Full Commission on the motion of claimant’s attorney to withdraw as counsel. In addition, respondent No. 2 has filed a motion to dismiss claimant’s appeal to the Full Commission.
[3] Pursuant to a letter dated December 18, 1995, all parties, including the claimant, were advised of the motion of claimant’s attorney to withdraw as counsel. No objections to the motion have been filed. Therefore, after reviewing the motion and all other matters properly before the Commission, we find that the motion of claimant’s attorney to withdraw as counsel should be granted.
[4] Respondent No. 2 seeks to have claimant’s appeal dismissed based on the claimant’s failure to file a response to her attorney’s motion to withdraw as counsel and based on the claimant’s failure to advise the Commission of her intention with regard to her pending appeal. However, these are insufficient reasons in and of themselves to dismiss a party’s appeal to the Commission. Therefore, after considering the respondent’s motion, the claimant’s lack of response thereto, and all other matters properly before the Commission, we find that the respondent’s motion to dismiss claimant’s appeal should be denied.
[5] Accordingly, for the reasons discussed herein, we find that the motion of the claimant’s attorney to withdraw as counsel should be, and hereby is, granted. In addition, we find that the respondent’s motion to dismiss claimant’s appeal should be, and hereby is, denied. The Clerk of the Commission is directed to establish a new briefing schedule.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner
