Helena/West Helena Schools and Arkansas School Boards Association v. Regina Hislip

HELENA/WEST HELENA SCHOOLS and Arkansas School Board Association v. Regina HISLIP

CA 02-13 ___ S.W.3d ___

Court of Appeals of Arkansas

En Banc

Opinion delivered August 28, 2002

Attorney & client -- attorney's fees -- order granting attorney's fee & imposing Rule 11 sanction. -- The appellate court awarded appellee's counsel the maximum attorney's fee pursuant to Ark. Code Ann. § 11-9-715(b)(1)(2) (Repl. 2002); concluding that appellants' appeal violated Ark. R. App. P.--Civ. 11(b)(1) as being a frivolous appeal, the appellate court directed appellants' counsel to reimburse appellee for her portion of the attorney's fees payable to her counsel.

Appeal from Arkansas Workers' Compensation Commission; Order Granting Attorney's Fee and Imposing Rule 11 Sanction.

Roberts, Roberts, & Russell, P.A., by: Michael L. Roberts, for appellant.

Philip M. Wilson, for appellee.

Per Curiam. In Helena/West Helena Schools v. Hislip, 78 Ark. App. 109, 79 S.W.3d 404 (2002), we delivered an opinion affirming a decision of the Workers' Compensation Commission that awardedRegina Hislip additional medical treatment. In addition, we ordered appellant Helena/West Helena Schools and its counsel to show cause why sanctions should not be imposed against them for filing a frivolous appeal. Thereafter, counsel for appellee Hislip filed a motion for attorney's fees, and counsel for Helena/West Helena schools complied with our directive and filed a timely "response to show cause."

We award Ms. Hislip's counsel the maximum attorney's fee of $1,000.00 pursuant to Ark. Code Ann. § 11-9-715(b)(1)(2) (Repl. 2002). This fee is to be paid equally by the employer (or carrier) and the injured employee in accordance with Ark. Code Ann. § 11-9-715(b)(1) (Repl. 2002). However, we conclude that appellants' appeal violated Rule 11(b)(1) of the Arkansas Rules of Appellate Procedure--Civil, as being a frivolous appeal. Therefore, as a sanction we direct appellants' counsel to reimburse Ms. Hislip for her $500.00 portion of the attorney's fees payable to her counsel.