ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION IV

CA03-1227

September 22, 2004

BOBBIE DOZIER

APPELLANT

v. AN APPEAL FROM THE WORKERS'

COMPENSATION COMMISSION

[E309021]

ARKANSAS DEPARTMENT OF

FINANCE AND ADMINISTRATION

APPELLEE AFFIRMED

Olly Neal, Judge

In this workers' compensation case, pro se appellant Bobbie Dozier appeals the dismissal of her motion to set aside a joint petition proposal and joint petition order. On appeal, she alleges that the Workers' Compensation Commission (Commission) erred when it found that it no longer had jurisdiction over the matter. We affirm.

Appellant worked for appellee Arkansas Department of Finance and Administration. On December 1, 1992, she sustained compensable injuries to her hands, arms, and shoulder. Appellant was paid $10,000 as full and final settlement, and the Administrative Law Judge (ALJ) approved the parties' joint petition on June 20, 2001. In a letter to the ALJ dated December 13, 2002, appellant asked that her claim be reopened and that the joint petition and order be set aside. At a hearing before the ALJ, appellant said that the $10,000 was not enough. She testified that she wanted additional medical benefits because her problem was getting worse. The ALJ found that the joint petition was a final settlement of the case and that the Commission no longer had jurisdiction over the matter. Following appellant's appeal to the full Commission, appellee moved to dismiss. The full Commission found that it had lost jurisdiction upon the entry of the joint petition and granted appellee's motion to dismiss. From that decision comes this appeal.

Appellant lists the following points on appeal: (1) the facts found by the Commission do not support the order or award; (2) that the order or award was not supported by substantial evidence of record; (3) that the order and award is erroneous as a matter of law; and (4) the Commission erred in finding claimant had not filed for additional workers' compensation prior to June 20, 2001. However, the only issue before us is whether the Commission still had jurisdiction over this matter.

Arkansas Code Annotated section 11-9-805 (Repl. 2002) provides that:

(a) Upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had.

(b)(1) If the commission decides it is for the best interests of the claimant that a final award be made, it may order an award that shall be final as to the rights of all parties to the petition.

(2) Thereafter, the commission shall not have jurisdiction over any claim for the same injury or any results arising from it.

Our court has previously held that under section 11-9-805 the Commission's approval of a joint petition settlement eliminates its jurisdiction over any claim for the same injury or any results arising from it. Stratton v. Death & Permanent Total Disability Trust Fund, 28 Ark. App. 86, 770 S.W.2d 678 (1989). Here, once the Commission approved the parties' joint petition, it no longer had jurisdiction over the matter; therefore, we affirm the dismissal of appellant's motion to have the joint petition and order set aside.

Affirmed.

Pittman and Gladwin, JJ., agree.