ALFORD v. WAL-MART STORES, INC., 1995 AWCC 57

CLAIM NO. E302058

BETTY ALFORD, EMPLOYEE, CLAIMANT v. WAL-MART STORES, INC., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MARCH 1, 1995

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

Claimant represented by the HONORABLE JOHN KEARNEY, Attorney at Law, Pine Bluff, Arkansas.

Respondent represented by the HONORABLE GLEN R. HINES, JR., Attorney at Law, Rogers, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission on respondent’s Motion to Dismiss Claimant’s Appeal to the Commission.

[3] After careful consideration of respondent’s motion and all other matters properly before the Commission, we find that respondent’s motion should be granted. [4] The Administrative Law Judge filed an opinion on November 10, 1994. A copy of this opinion was sent to the parties by certified mail, return receipt requested. A certified mail receipt indicates that counsel for claimant received a copy of the Administrative Law Judge’s opinion on November 15, 1994. However, claimant’s notice of appeal was not filed until December 16, 1994. [5] Pursuant to Ark. Code Ann. § 11-9-711(a)(1) (1987), the opinion of the Administrative Law Judge became final unless claimant filed an appeal within thirty days from the receipt of the opinion. Since the notice of appeal was filed beyond thirty days from the receipt of the opinion, claimant’s appeal is untimely. [6] Accordingly, we find that respondent’s Motion to Dismiss Claimant’s Appeal to the Commission should be, and hereby is, granted. [7] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner

[8] Commissioner Humphrey dissents.