CLAIM NO. F003233
Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 17, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by the HONORABLE ANDREW IVEY, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Full Commission on respondents’ Motion to Dismiss Claimant’s Untimely Appeal.
After careful consideration of the motion filed by respondents, claimant’s objection thereto and all other matters properly before the Full Commission, we find that respondents’ motion must be granted.
Pursuant to Ark. Code Ann. § 11-9-711 (a)(1) (Repl. 2002), the opinion of the Administrative Law Judge became final, unless claimant filed an appeal 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 Corporation, 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 the 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. Williams v. Luft Construction Co., 31 Ark. App. 198, 790 S.W.2d 921 (1990).
In the present case, the Administrative Law Judge filed an opinion on August 2, 2002. As evidenced by the certified mail receipt, the claimant received a copy of the opinion on August 5, 2002. Claimant had until September 4, 2002 to file his notice of appeal. However, claimant’s notice of appeal was not filed with the Commission until September 5, 2002.
Accordingly, we find that respondents’ Motion to Dismiss Claimant’s Untimely Appeal should be, and hereby is, granted.
IT IS SO ORDERED.
________________________________ ELDON F. COFFMAN, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ JOE E. YATES, Commissioner