CLAIM NOS. E216882 E214467
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 25, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE DALE GRADY, Attorney at Law, Bryant, Arkansas.
Respondents represented by HONORABLE GUY WADE, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Commission on claimant’s Motion to Dismiss Appeal and claimant’s Supplement to Motion to Dismiss Appeal for Penalties, Sanctions for Contempt, Costs and Attorney Fees.
After our consideration of claimant’s motions, respondents’ objections thereto, and all other matters properly before the Commission, we find that claimant’s motion to dismiss respondents’ appeal to the Commission must be granted and that all other motions filed by claimant must be denied.
An Administrative Law Judge filed an opinion on May 15, 2002. A copy of this opinion was sent to the parties by certified mail, return receipt requested. The certified mail receipt indicates that attorneys for respondents and claimant received copies of the Administrative Law Judge’s opinion on May 18 and May 20, 2002, respectively.
Pursuant to Ark. Code Ann. § 11-9-711(a)(1) (Repl. 2002), the opinion of the Administrative Law Judge shall become final, unless a party to the dispute files a petition for review by the Full Commission within 30 days from the receipt of the opinion. The procedural requirements set forth in the statute are mandatory or jurisdictional and require strict compliance. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982); Lloyd v. Potlatch Corp., 19 Ark. App. 335, 721 S.W.2d 670 (1986). Therefore, the opinion of the Administrative Law Judge becomes final and the Full Commission cannot review it, if a petition for review is not received within 30 days, as set forth in the statute. Moreover, the rule of unavoidable casualty does not apply to the failure to file a notice of appeal in a timely manner. William v. LuftConstruction Co., 31 Ark. App. 198, 790 S.W.2d 921 (1990).
Respondents’ notice of appeal was filed on June 20, 2002, which is 3 days late. Claimant’s notice of cross appeal was filed on June 24, 2002, 35 days after receipt of the opinion of the Administrative Law Judge. Therefore, no party to the dispute has filed a petition for review within 30 days of receipt of the opinion of the Administrative Law Judge. Accordingly, the opinion of the Administrative Law Judge has become final and the Commission does not have jurisdiction to review it. If claimant wishes to pursue his other motions, he should do so before the Administrative Law Judge.
For the foregoing reasons, we find that respondents’ appeal and claimant’s cross-appeal to the Commission should be, and hereby are, dismissed. Further, for prevailing on the motion to dismiss, and thereby preserving the award by the Administrative Law Judge, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715 (Repl. 1996).
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner