CLAIM NO. F411115
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 28, 2006
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by Honorable Donald C. Pullen, Attorney at Law, Hot Springs, Arkansas.
Respondent represented by Honorable Robert L. Henry, III, Attorney at Law, Little Rock Arkansas.
ORDER
Presently before the Commission is respondent’s Motion to Dismiss Appeal to the Arkansas Court of Appeals. After consideration of respondent’s motion, claimant’s response thereto, and all other matters properly before the Commission, we find that respondent’s motion should be granted.
On June 1, 2006, respondent filed a Notice of Appeal from the Full Commission opinion filed May 5, 2006. Subsequently, the parties reached a Joint Petition Settlement. The claim was remanded to an Administrative Law Judge to hear the Joint Petition. On June 29, 2006, a Joint Petition Order was entered by the Administrative Law Judge approving the Joint Petition. Although the Commission lost jurisdiction to hear this claim with the entry of the Joint Petition Order, since the record of the proceedings has not been lodged with the Court of Appeals, jurisdiction to dismiss the respondent’s appeal to the Court of Appeals remains with the Commission. Accordingly, we find that the Commission has jurisdiction of this claim for the purpose of dismissing the appeal to the Court of Appeals. We further find that respondent’s appeal should be, and hereby is dismissed.
IT IS SO ORDERED.
___________________________________ OLAN W. REEVES, Chairman
___________________________________ SHELBY W. TURNER, Commissioner
___________________________________ KAREN H. McKINNEY, Commissioner