THORNTON v. WASHINGTON REGIONAL MEDICAL CENTER, 1996 AWCC 137

CLAIM NO. E114543

DENISE THORNTON, EMPLOYEE, CLAIMANT, v. WASHINGTON REGIONAL MEDICAL CENTER, EMPLOYER, RESPONDENT and SEDGWICK JAMES OF ARKANSAS, CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 1, 1996

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

Claimant represented by TIMOTHY BROOKS, Attorney at Law, Fayetteville, Arkansas.

Respondent represented by CURTIS NEBBEN, Attorney at Law, Fayetteville, Arkansas.

[1] ORDER
[2] This case comes on for review before the Full Commission on Claimant’s Motion to Dismiss Claimant’s Appeal to the Arkansas Court of Appeals. After consideration of claimant’s motion, respondents’ failure to respond thereto, and all other matters properly before the Commission, we find that claimant’s motion should be denied.

[3] On October 20, 1995, the Full Commission entered an opinion and order in this case after it came on for review by the Full Commission from a remand of the Arkansas Court of Appeals dated March 7, 1995. On November 20, 1995, claimant filed a Motion for Clarification of the October 20, 1995 opinion and order and simultaneously filed a Notice of Appeal to the Arkansas Court of Appeals. On January 9, 1996, the Full Commission denied Claimant’s Motion for Clarification stating:

The Opinion and Order is clear. Prior to December 16, 1992, claimant was still within her healing period. She is entitled to related medical expenses and temporary total disability benefits from July 24, 1992 through the end of her healing period, December 16, 1992.

[4] On January 30, 1996, claimant filed a motion with the Full Commission to dismiss her appeal to the Arkansas Court of Appeals. Respondent has failed to respond to claimant’s motion. [5] We do not have authority to dismiss this appeal. The Arkansas Supreme Court, in a per curiam order September 19, 1988, in re: A.R.A.P. 3(b), stated:

In Johnson v. Carpenter, 290 Ark. 255, 718 S.W.2d 434 (1986), we stated clearly that appeals were not to be dismissed by trial courts. There is one exception to this statement. A trial court should have the power to dismiss an appeal before the record is docketed with this court or the Court of Appeals if all parties of the appeal stipulate that it is to be dismissed and they petition the trial court to dismiss it.

[6] Since only claimant has petitioned the Commission to dismiss the appeal and respondents have failed to respond to claimant’s petition, we find that Claimant’s Motion to Dismiss Claimant’s Appeal to the Arkansas Court of Appeals should be, and hereby is, denied. Claimant’s motion must be addressed to the Arkansas Court of Appeals. [7] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner