CLAIM NO. F014264
Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 31, 2001
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE EDDIE WALKER, JR., Attorney at Law, Fort Smith, Arkansas.
Respondent represented by HONORABLE MARK FREEMAN, Attorney at Law, Fayetteville, Arkansas.
ORDER
This case comes on for review before the Commission on claimant’s motion to dismiss respondent’s appeal to the Commission.
After our consideration of claimant’s motion, respondent’s objection thereto, and all other matters properly before the Commission, we find that claimant’s motion should be granted.
Respondent is uninsured and on April 26, 2001, the Administrative Law Judge found that an employment relationship existed between respondent and claimant and that claimant sustained a compensable injury. Respondent filed a timely appeal to the Commission. Thereafter, claimant filed a motion to require a supersedeas bond. On June 14, 2001, respondent objected to claimant’s motion to require a bond. In an order dated July 12, 2001, the Commission ordered respondent to either post a bond or make a deposit with the Commission sufficient to guarantee payment of the award by the Administrative Law Judge, pursuant to Ark. Code Ann. §11-9-808 (Repl. 1996).
On July 25, 2001, respondent mailed a response to the Commission’s order indicating that counsel for the respondent was working with claimant’s attorney to determine the amount that should be placed with the Commission. In a letter dated July 28, 2001, claimant’s attorney informed respondent’s attorney of a specific amount claimant believed would be sufficient.
On September 10, 2001, claimant filed the present motion to dismiss respondent’s appeal to the Commission for failure to comply with the Commission’s July, 2001 order. In its September 13, 2001 response to claimant’s motion, respondent indicated that it was in the process of posting a bond. The Clerk of the Commission received a letter from respondent’s attorney dated September 14, 2001 requesting additional time to comply. In correspondence dated September 17, 2001, claimant’s attorney acknowledged receipt of respondent’s request for additional time and asked the Clerk to submit its motion to the Commission.
Respondent has repeatedly indicated that it planned to comply with the Commission’s July 12, 2001 Order to either post a bond or make a deposit with the Commission sufficient to ensure payment of the award of the Administrative Law Judge. Respondent has had over three months to comply with the Order but has failed to do so. Therefore, we find that claimant’s motion to dismiss respondent’s appeal to the Commission should be, and hereby is, granted.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner