BIRGE v. CON-AGRA FROZEN FOODS, 1995 AWCC 179

CLAIM NO. E318939

BEVERLY BIRGE, EMPLOYEE, CLAIMANT v. CON-AGRA FROZEN FOODS, SELF-INSURED, EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 29, 1995

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

Claimant represented by the HONORABLE LAURA J. McKINNON, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by the HONORABLE WILLIAM F. SMITH, Attorney at Law, Russellville, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on the claimant’s motion to file a belated brief. After giving due consider to the claimant’s motion, the response of the respondents, and all other matters properly before the Commission, we find that the claimant’s motion must be denied.

[3] The claimant filed a timely appeal of an opinion and order filed by the administrative law judge on April 21, 1995, and the claimant’s attorney was subsequently notified that her brief was due on June 30, 1995. However, the claimant’s brief was not filed by the due date, and, in her motion, the claimant contends that the failure to file a timely brief was caused by computer error and staff problems in the office of the claimant’s attorney. We find that these reasons are not sufficient to justify the allowance of a belated brief. [4] Accordingly, we find that the claimant’s motion must be, and hereby is, denied. [5] IT IS SO ORDERED.

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

[6] Commissioner Humphrey dissents.