TEASLEY v. HERMANN COMPANIES, INC., 2005 AWCC 50

CLAIM NO. F206445

JOSEPH V. TEASLEY, EMPLOYEE, CLAIMANT v. HERMANN COMPANIES, INC., EMPLOYER, RESPONDENT, AIG CLAIM SERVICES, INC., CARRIER, COMMERCE INDUSTRY INSURANCE CO., RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 15, 2005

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

Claimant represented by HON. JOHN BARTTELT, Attorney at Law, Jonesboro, Arkansas.

Respondent represented by HON. FRANK B. NEWELL, Attorney at Law, Little Rock, Arkansas.

ORDER
Presently before the Commission is Claimant’s motion for a hearing. After consideration of the claimant’s motion, the respondent’s response thereto, and all other matters properly before the Commission, I find that the Full Commission does not have jurisdiction over this case at the present time. Therefore, I find that the claimant’s motion must be denied.

The Full Commission issued an opinion and order on January 23, 2004. Claimant promptly filed a notice of appeal. It is well settled that the Commission loses jurisdiction over a case when that case is appealed from the Full Commission to the Court of Appeals. Williams v. E.G.W. Company, (D102171) Full Commission opinion filed January 20, 1983; Beaird v.Reynolds Williams, Inc., (C912627) Full Commission opinion filed April 26, 1982; Black v. Work Source Inc., (F211470) Full Commission order filed January 13, 2004. As the present claim is on appeal before the Arkansas Court of Appeals, the Full Commission does not have jurisdiction to set this claim for a hearing. Accordingly, the claimant’s motion must be denied.

IT IS SO ORDERED.

___________________________________ OLAN W. REEVES, Chairman
___________________________________ KAREN H. McKINNEY, Commissioner

Commissioner Turner dissents.