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Snowden v. Poulan/Weedeater

10/12/2005

NOT DESIGNATED FOR PUBLICATION


This appeal arises out of a decision of the Arkansas Workers' Compensation Commission refusing to set aside a joint petition settlement on the ground of alleged fraud. The appeal is without merit. Appellant argues the sufficiency of the evidence to support his allegation of fraud. However, the Commission based its decision on lack of jurisdiction, and correctly so. A joint petition award finally concludes all rights of the parties, foreclosing any right of appeal from the order approving the settlement, even where fraud is alleged. Jacob Hartz Seed Co. v. Thomas, 253 Ark. 176, 485 S.W.2d 200 (1972); Johnson v. Lumberman's Reciprocal Insurance Co., 249 Ark. 550, 460 S.W.2d 53 (1970). Because the Commission had no jurisdiction to hear appellant's appeal, we hold that it properly refused to reopen the claim.


Affirmed.


Bird and Neal, JJ., agree.




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