WATTS v. CONAGRA POULTRY CO, 2006 AWCC 107

CLAIM NO. F108516

JESSIE WATTS, EMPLOYEE, CLAIMANT v. CONAGRA POULTRY CO., EMPLOYER, RESPONDENT NO. 1 GALLAGHER BASSETT SERVICES, INSURANCE CARRIER, TPA RESPONDENT NO. 1, DEATH PERMANENT TOTAL DISABILITY TRUST FUND, RESPONDENT NO. 2,

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 21, 2006

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

Claimant is not represented by counsel, but appears pro se.

Respondent No. 1 represented by the Honorable Michael Mayton, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the Honorable Judy W. Rudd, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes for review before the Commission on Respondent No. 2’s Motion for Dismissal of Appeal to the Court of Appeals. The Full Commission rendered a decision on March 23, 2006. Respondent No. 2 filed an appeal with the Court of Appeals on April 14, 2006. The record has been lodged with the Court of Appeals. However, Respondents No. 2 has not yet perfected the appeal by paying the filing fee to the Court of Appeals. Respondent No. 2 now seeks a dismissal of its appeal. The other parties have jointly stipulated to dismiss the appeal.

After duly considering the motion and all other matters properly before the Commission, we find that we do not have authority to dismiss the appeal. Pursuant to Ark. R.App.P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion to dismiss is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that the case is to be dismissed. In Re Arkansas Rules of Appellate Procedure 3(b).

It is apparent the notice of appeal has already been filed and the record has already been lodged with the Court of Appeals. Accordingly, we find that we do not have jurisdiction over the present matter.

Therefore, we find that Respondent No. 2’s Motion for Dismissal must be and hereby is denied. The motion must be addressed with the Court of Appeals.

IT IS SO ORDERED.

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