CLAIM NO. F705259
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 28, 2010
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE PHILIP M. WILSON, Attorney at Law, Little Rock, Arkansas.
Respondent represented by HONORABLE RICHARD S. SMITH, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Commission to consider Claimant’s April 21, 2010 letter to the Commission as a Motion to file Belated Brief and Respondent’s Objection to the claimant’s untimely filing.
After our consideration of the claimant’s motion, the respondents objection thereto and all other matters properly before the Commission, we find that the claimant’s motion should be granted. Respondent’s appealed from the Administrative Law Judge opinion filed January 13, 2010. A briefing schedule was sent to the parties via electronic
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filing on March 12, 2010, advising that respondent’s brief was due on April 2, 2010, Claimant’s brief was due on April 16, 2010, and respondent’s reply brief due on April 23, 2010. Respondent filed a timely brief via facimile, with the original following on April 6, 2010. On April 21, 2010, claimant’s attorney called the Commission advising that he never received the e-mailed briefing schedule and that he did not receive respondent’s brief until April 6, 2010. The Clerk of the Commission advised claimant’s attorney to send a letter to the Commission to that effect. On April 21, 2010, claimant also filed his brief with the Commission. On April 26, 2010, counsel for respondent’s filed a letter with the Commission objecting to the untimely brief filed by claimant. On May 5, 2010, claimant wrote the Commission requesting the April 21, 2010, correspondence be considered a motion to file a belated brief and reiterated the fact that claimant’s attorney did not receive the briefing schedule sent to the parties electronically, stating; “Please note that this all accrued initially when you went fro (sic) the paper notices to the electronic notices. I believe our office has worked out a system which appears know (sic) to be working. . . .” Accordingly, we find good cause for claimant’s delay in filing his brief due to the
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initiation of a new briefing schedule notification system.
Accordingly, we find that the claimant’s motion to file a belated brief should be, and hereby is, granted. Additionally, we direct the Clerk of the Commission accept a reply brief filed by respondents if filed within 10 days of this Order.
IT IS SO ORDERED.
________________________________ A. WATSON BELL, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner
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