{"id":"full_commission-H401058-2024-09-04","awcc_number":"H401058","decision_date":"2024-09-04","opinion_type":"full_commission","claimant_name":"Daniel Casey","employer_name":"Oak Street Valero","title":"CASEY VS. OAK STREET VALERO AWCC# H401058 September 4, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","denied:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Casey_Daniel_H401058_20240904.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Casey_Daniel_H401058_20240904.pdf","text_length":2276,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO. H401058 \n \nDANIEL CASEY, \nEMPLOYEE \n \nCLAIMANT \nOAK STREET VALERO,  \nEMPLOYER \n \nRESPONDENT \nACCIDENT FUND INSURANCE COMPANY, \nOF AMERICA, INSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED SEPTEMBER 4, 2024  \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE ANDY L. CALDWELL, Attorney \nat Law, Little Rock, Arkansas. \n \nRespondents represented by the HONORABLE CAROL LOCKARD \nWORLEY, Attorney at Law, Little Rock, Arkansas. \n \n \n ORDER \n The claimant petitions the Full Commission to review and dismiss an \nadministrative law judge’s order dated July 12, 2024.  The Full Commission \ndenies and dismisses the petition for review. \n Ark. Code Ann. §11-9-711(a)(Repl. 2012) provides, in pertinent part: \n(1)  A compensation order or award of an administrative law \njudge or a single commissioner shall become final unless a \nparty to the dispute shall, within thirty (30) days from the \nreceipt by him or her of the order or award, petition in writing \nfor a review by the full commission of the order or award.   \n \n For an order to be appealable, it must be final.  TEC v. Falkner, 38 \nArk. App. 13, 827 S.W.2d 661 (1992).  To be final, an order must dismiss \nthe parties from the court, discharge them from the action, or conclude their \n\nCASEY - H401058  2\n  \n \n \nrights as to the subject matter in controversy.  American Mutual Insurance \nCo. v. Argonaut Insurance Co., 33 Ark. App. 82, 801 S.W.2d 55 (1991). \n In the present matter, the administrative law judge has filed an \nORDER ALLOWING CASE MANAGER TO COMMUNICATE WITH \nCLAIMANT REGARDING HIS MEDICAL TREATMENT.  Said order does \nnot dismiss the parties, discharge them from the action, or conclude their \nrights to the subject matter in controversy.  The Full Commission therefore \ndenies and dismisses the petition for review, because the administrative law \njudge’s order is not final and appealable.   \n IT IS SO ORDERED.   \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. H401058 DANIEL CASEY, EMPLOYEE CLAIMANT OAK STREET VALERO, EMPLOYER RESPONDENT ACCIDENT FUND INSURANCE COMPANY, OF AMERICA, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 4, 2024","fetched_at":"2026-05-19T22:29:44.907Z","links":{"html":"/opinions/full_commission-H401058-2024-09-04","pdf":"https://labor.arkansas.gov/wp-content/uploads/Casey_Daniel_H401058_20240904.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}