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ANTHONY CUMMINGS, EMPLOYEE, CLAIMANT v. HARRIS WOOD PRODUCTS,UNINSURED EMPLOYER, RESPONDENT

ORDER

This matter comes before the Full Commission on the respondent's motion for a new hearing. The claimant has filed an objection to the respondent's motion. After giving due consideration to the respondent's motion, the claimant's response, and all other matters properly before the Commission, we find that the motion must be denied.

The respondent's motion reveals that it seeks a new hearing to litigate issues which were not presented at the initial hearing in this matter and that were not ripe for litigation at that hearing. However, on appeal before the Full Commission, the respondent contends that it does not have the requisite number of employees to subject it to the provisions of the Arkansas Workers' Compensation Law, and it does not now indicate that it has abandoned this issue. Therefore, we find that consideration of the issues raised by the respondent in its motion is premature prior to a determination of the jurisdiction issue by the Full Commission. In addition, we note that this matter was submitted to the Full Commission and under consideration prior to the filing of the respondent's motion.

Accordingly, for the reasons discussed herein, we find that the respondent's motion must be, and hereby is denied.

IT IS SO ORDERED.

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CUMMINGS v. HARRIS WOOD PRODUCTS
(Dec 1, 1994)