{"id":"full_commission-H302799-2024-06-21","awcc_number":"H302799","decision_date":"2024-06-21","opinion_type":"full_commission","claimant_name":"Gisela Gutierrez","employer_name":null,"title":"GUTIERREZ VS. TYSON POULTRY, INC.AWCC# H302799 JUNE 21, 2024","outcome":"denied","outcome_keywords":["remanded:2","granted:2","denied:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Gutierrez_Gisela_H302799_20240621.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Gutierrez_Gisela_H302799_20240621.pdf","text_length":2273,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H302799 \n \nGISELA  GUTIERREZ, \nEMPLOYEE \n \nCLAIMANT \nTYSON POULTRY, INC.,  \nEMPLOYER \n \nRESPONDENT \nTYNET CORPORATION, \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED JUNE 21, 2024  \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE EVELYN E. BROOKS, Attorney \nat Law, Fayetteville, Arkansas. \n \nRespondents represented by the HONORABLE JEREMY SWEARINGEN, \nAttorney at Law, Little Rock, Arkansas. \n \nORDER \n The parties have filed a JOINT MOTION TO STAY APPEAL AND \nREMAND FOR CONSIDERATION OF JOINT PETITION FOR FINAL \nSETTLEMENT.  The Full Commission denies the motion.   \n An administrative law judge filed an opinion on December 19, 2023 \nand found that the claimant failed to prove she sustained a compensable \ninjury.  The claimant appealed to the Full Commission.  In an opinion filed \nMay 31, 2024, a majority of the Full Commission found that the claimant \nproved she sustained a compensable injury.  The Full Commission awarded \nreasonably necessary medical treatment, a period of temporary total \n\nGUTIERREZ - H302799  2\n  \n \n \ndisability benefits, and fees for legal services.  The respondents to date \nhave not filed a notice of appeal.   \n A joint petition eliminates the Commission’s jurisdiction over a claim.  \nArk. Code Ann. §11-9-805(b)(2)(Supp. 2023); Sayre v. State, 12 Ark. App. \n238, 674 S.W.2d 941 (1984).  The parties request in the present matter \n“that the Claimant’s pending appeal to the Full Commission in this claim be \nstayed, and that this claim be remanded to the Commission Clerk for \nreferral to an Administrative Law Judge for consideration of a Joint Petition.”   \n However, the Full Commission has already filed an opinion in this \nmatter on May 31, 2024, following the claimant’s timely appeal, and we \nhave awarded benefits to the claimant.  The Full Commission therefore \ndenies the motion to “stay appeal.”     \n IT IS SO ORDERED.  \n    \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H302799 GISELA GUTIERREZ, EMPLOYEE CLAIMANT TYSON POULTRY, INC., EMPLOYER RESPONDENT TYNET CORPORATION, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JUNE 21, 2024","fetched_at":"2026-05-19T22:29:45.389Z","links":{"html":"/opinions/full_commission-H302799-2024-06-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/Gutierrez_Gisela_H302799_20240621.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}