BAIN v. HUGHES SCHOOL DISTRICT, 2008 AWCC 145


CLAIM NO. F103351

PEGGY BAIN, EMPLOYEE, CLAIMANT v. HUGHES SCHOOL DISTRICT, EMPLOYER, RESPONDENT NO. 1 ARKANSAS SCHOOL BOARDS ASSOCIATION, INSURANCE CARRIER, RESPONDENT NO. 1 SECOND INJURY FUND, RESPONDENT NO. 2 DEATH PERMANENT TOTAL DISABILITY TRUST FUND, RESPONDENT NO. 3

Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 17, 2008

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Respondent No. 1 represented by the Honorable Melissa Wood, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the Honorable David Pake, Attorney at Law, Little Rock, Arkansas.

Respondent No. 3 represented by the Honorable Christy King, Attorney at Law, Little Rock, Arkansas.

Claimant represented by the Honorable M. Keith Wren, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes before the Full Commission on Respondent No. 1’s Motion to File Belated Brief on Appeal. The administrative law judge entered his opinion on August

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15, 2008. Respondent No. 1 filed a timely notice of appeal on August 29, 2008. Respondent No. 2, Second Injury Fund, filed a notice of cross-appeal on September 8, 2008. Respondent No. 1’s brief was due October 17, 2008. The motion requesting to file a belated brief was filed on October 28, 2008, claiming Respondent No. 1 did not receive the briefing schedule. Respondent No. 1 has tendered a brief dated October 31, 2008. Respondent’s No. 2 and 3 have both stated they do not object to the belated brief. There was no response from claimant.

Based upon Respondent No. 1’s motion, Respondent No. 2 and Respondent No. 3’s lack of objection hereto and no response from claimant, and all other matters properly before the Commission, we grant Respondent No. 1’s motion. The Clerk is hereby directed to file Respondent No. 1’s brief.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner

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