CLAIM NO. E615744
Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 13, 1999
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant appeared Pro Se.
Respondent represented by FRANK B. NEWELL, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This matter is currently before the Commission on the claimant’s motion to file a belated petition request. The petition states:
[3] Therefore, we hereby grant the motion of Kathy Armstrong on behalf of her minor child Ashley Armstrong. [4] IT IS SO ORDERED. [5] _______________________________I’am (sic) Kathy Armstrong and I would like the records the(sic) show that I’am (sic) filing this petition on behalf of my minor child, born to myself and Raymond Armstrong. Named Ashley Armstrong, I’am (sic) doing so, that the court would see in favor of awarding my ex-husband’s temporary total benefits from Aug. 8, 1996 until May 30, 1997, the time he was incarcerated, to my minor child.
It was my understanding that if I gave Raymond Armstrong my approval to file the last request for me and my child, that the court would honor it as being the same as legal representation since I was unable to afford a lawyer.
So in closing, I plea with the court to accept this belated Petition.
I’am(sic) enclosing this petition in the packet along with Raymond Armstrong’s, Notice For Appeal.
The respondents have filed a response to the petition requesting that the petition be denied. The basis for the respondents’ response is that Ark. Code Ann. § 11-9-812
(Repl. 1996) should be interpreted to permit an inmate spouse or minor dependent child to receive only permanent impairment or permanent partial disability benefits but not temporary total disability benefits. In our opinion, this goes to the substantive issues and not whether or not the claimant’s minor child is a proper party to this claim.
ELDON F. COFFMAN, Chairman _______________________________ PAT WEST HUMPHREY, Commissioner _______________________________ MIKE WILSON, Commissioner