CLAIM NO. F701782
Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 4, 2009
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the Honorable Gary Davis, Attorney at Law, Little Rock, Arkansas.
Respondents No. 1 represented by the Honorable Jimmy C. Cline, Attorney at Law, Little Rock, Arkansas.
Respondents No. 2 represented by the Honorable Judy W. Rudd, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is presently before the Full Commission on Claimant’s Motion to Quash Respondent No. 1’s Appeal. After our consideration of the Claimant’s Motion, Respondent no. 1’s response thereto, and all other matters properly before the Commission, we find that Claimant’s Motion to Quash Appeal must be denied.
The Full Commission issued an opinion on March 4, 2009. Respondents No. 1 filed a notice of appeal on March 10, 2009. Respondent No. 1’s Notice of Appeal inadvertently stated that it was an appeal “to the Full Commission.” Nonetheless, the clerk of the Commission recognized the Notice as a Notice of Appeal “from” the Full Commission “to” the Court of Appeals. Respondent
Page 2
No. 1’s Notice was filed in the proper forum. We hereby find that Respondent No. 1’s Notice of Appeal was properly filed. Therefore, Claimant’s Motion to Quash is hereby denied.
Claimant’s Motion to Quash contains in the alternative a Notice of Cross Appeal. We find that claimant has filed a timely Notice of Cross Appeal from the March 4, 2009, Full Commission Opinion. Accordingly, we hereby instruct the Clerk of the Commission to recognize claimant’s April 6, 2009, filing as a timely Notice of Cross Appeal.
Respondent No. 1’s request for attorney’s fees and costs in responding to claimant’s Motion to Quash is hereby denied.
IT IS SO ORDERED.
___________________________________ A. WATSON BELL, Chairman
___________________________________ KAREN H. McKINNEY, Commissioner
___________________________________ PHILIP A. HOOD, Commissioner
Page 1