WARREN v. YOUTH SERVICES CENTER, 2005 AWCC 86

CLAIM NOS. D614780 D601189

EDWARD L. WARREN, EMPLOYEE, CLAIMANT v. YOUTH SERVICES CENTER, EMPLOYER, RESPONDENT, PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 4, 2005

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

Claimant represented by HONORABLE JAMES W. STANLEY, Attorney at Law, North Little Rock, Arkansas.

Respondents represented by HONORABLE RICHARD S. SMITH, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes on review before the Full Commission on the Motion of the claimant’s attorney to withdraw as counsel.

On March 30, 1995 an Administrative Law Judge issued an opinion finding that the claimant had sustained compensable injuries on October 22, 1985 and on October 14, 1986. The Administrative Law Judge found the claimant’s final healing period ended as of January 3, 1988 and that he sustained anatomical impairments totaling 20% to the body as a whole. He also found the claimant had sustained an overall permanent partial disability of 60%. Neither party appealed the decision.

The claimant subsequently requested additional permanent partial disability benefits. On July 20, 2004, an Administrative Law Judge issued an opinion denying the claimant additional benefits. The claimant appealed the case to the Full Commission. On March 15, 2005 the Full Commission affirmed the Administrative Law Judge’s decision from July 20, 2004.

On March 28, 2005 the claimant’s attorney filed a timely Notice of Appeal with the Full Commission. The claimant’s attorney filed a Motion to Withdraw as Counsel on April 8, 2005. The record has not yet been docketed with the Court of Appeals. As such, we find the Full Commission has jurisdiction over the matter.

On April 14, 2005 the Commission notified all parties that any response to the Motion to Withdraw as Counsel should be submitted within 10 days. On April 25, 2005 the Commission received correspondence from the claimant indicating that he wished to have his attorney withdraw as counsel. To date the Commission has received no response from the respondent.

Pursuant to Commission Advisory 2003-2, all parties were advised of this motion, and no objections to the motion have been filed. Therefore, after reviewing the motion and all other matters properly before the Commission, we find the motion should be granted.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner