WILLIAMS v. McDONALD’S OF BENTON, 2000 AWCC 276

CLAIM NO. E901415.

DEBORAH G. WILLIAMS, EMPLOYEE, CLAIMANT v. McDONALD’S OF BENTON, EMPLOYER, RESPONDENT, RISK MANAGEMENT RESOURCES, INSURANCE CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 19, 2000.

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

Claimant represented by the HONORABLE DALE GRADY, Attorney at Law, Bryant, Arkansas.

Respondent represented by the HONORABLE WALTER A. MURRAY, Attorney at Law, Little Rock, Arkansas.

ORDER

This matter comes before the Full Commission on the claimant’s timely-filed motion for reconsideration of our August 18, 2000 order. After considering the claimant’s motion and the respondents’ response thereto, we find that the claimant’s attorney is entitled to an additional fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715 (Repl. 1996) for prevailing in part in our opinion and order filed on August 18, 2000. In all other respects, however, we are not persuaded by the arguments in the claimant’s motion, and we see no reason to disturb the findings in our August 18, 2000 opinion and order. Therefore, we find that the claimant’s motion is respectfully denied, except as noted above.

IT IS SO ORDERED.

_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner

Commissioner Humphrey concurs in part and dissents in part.

CONCURRING AND DISSENTING OPINION

I concur with the opinion of the majority finding that claimant’s attorney is entitled to a fee in the amount of $250.00 for prevailing in part on appeal to the Full Commission. However, I must respectfully dissent from the denial of claimant’s motion for reconsideration of the Commission’s denial of certain benefits.

I note that respondents objected to claimant’s motion, arguing “that when the Claimant filed a Notice of Appeal to the Arkansas Court of Appeals the Full Commission lost jurisdiction and can not rule on Claimant’s Petition for Reconsideration.” However, the Commission has authority to rule on a motion for reconsideration in these circumstances, as long as the order is filed within the ninety-day period in which the record on appeal must be filed and docketed. Morrison v. Tyson Foods, Inc.,11 Ark. App. 161, 668 S.W.2d 47 (1984).

___________________________ PAT WEST HUMPHREY, Commissioner