CLAIM NO. E814339
Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 1, 2001
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE DAVID O. BOWDEN, Attorney at Law, Little Rock, Arkansas.
Respondent represented by HONORABLE BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.
OPINION AND ORDER
This matter is currently before the Full Workers’ Compensation Commission on the respondents’ Motion to Dismiss Claimant’s Appeal to the Court of Appeals. After considering the respondents’ Motion, the claimant’s response thereto, and all other matters properly before the Commission, we find that the respondents’ Motion should be denied.
On July 26, 2001, the Full Commission filed an opinion in the above-referenced matter. The claimant filed a Notice of Appeal on October 1, 2001. The claimant has changed attorneys and is presently represented by David Bowden. At the time of the Full Commission opinion, the claimant was represented by Tona Demers. The postal return receipt indicates that Ms. Demers did not receive the Full Commission opinion until September 6, 2001. The claimant has thirty days from the receipt of the opinion to appeal our decision. It is evident from the return receipt that the claimant filed the Notice of Appeal to the Court of Appeals with the Commission within the statutory time frame.
We take this opportunity to point out that the Commission does 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. Seealso, In Re Arkansas Rules of Appellate Procedure 3(b), 296 Ark. 580, 756 S.W.2d LXXV (1988).
Therefore, after considering the respondents’ Motion, we hereby deny the respondents’ Motion to Dismiss the Claimant’s Appeal.
IT IS SO ORDERED.
_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
Commissioner Turner concurs.