Opinion
CLAIM NO. E402285
OPINION FILED APRIL 13, 1995
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by CHADD L. DURRETT, JR., Attorney at Law, West Memphis, Arkansas.
Respondent No. 1 represented by J. SHANE BAKER, Attorney at Law, Marianna, Arkansas.
Respondent No. 2 represented by MARK MAYFIELD, Attorney at Law, Jonesboro, Arkansas.
Decision of Administrative Law Judge: Affirmed.
OPINION AND ORDER
Respondent No. 2 appeals a November 21, 1994 order of the Administrative Law Judge denying its motion to dismiss.
Respondent No. 2 contends that it is entitled to be dismissed from this action because it had effectively cancelled the policy for workers' compensation for nonpayment of premiums. The Administrative Law Judge denied respondent no. 2's motion and scheduled a hearing on the merits. However, respondent no. 2 filed an appeal with the Commission.
There is some argument by the parties that respondent no. 2's motion is one for summary judgement. However, it appears that summary judgement procedures may not apply to matters before the Workers' Compensation Commission. Traycore/MBA v. Flowers, 41 Ark. App. 186, 850 S.W.2d 30 (1993). Be that as it may, a denial of a motion for summary judgement is not a final, appealable order.Hastings v. Planters Stockmen Bank, 307 Ark. 34, 818 S.W.2d 239 (1991). Incidentally, it is clear that there are material issues of fact to be litigated. Additionally, a denial of a motion to dismiss is not a final, appealable order. Cigna Insurance Co. v. Brisson, 294 Ark. 504, 744 S.W.2d 716 (1988).
Accordingly, we find that the Administrative Law Judge's November 21, 1994 order is not a final appealable order and remand this matter for further proceedings.
IT IS SO ORDERED.
Commissioner Tatum concurs.