CLAIM NO. F104691
Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 17, 2004
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE H. OSCAR HIRBY, Attorney at Law, Little Rock, Arkansas.
Respondents represented by HONORABLE DAVID C. JONES, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Commission on respondents’ motion to dismiss claimant’s appeal to the Full Commission.
After our consideration of respondents’ motion, claimant’s response thereto, and all other matters properly before the Commission, we find that respondents’ motion must be denied.
Respondent contends that claimant’s appeal to the Commission should be dismissed as untimely filed. The facts are not in dispute. On June 15, 2004, an Administrative Law Judge entered an Order of Dismissal pursuant to Commission Rule 13 for failure to prosecute. Claimant’s attorney received the Order on June 17, 2004. The 30 days within which to appeal fell on Saturday, July 17. Since the Commission’s offices were closed, claimant had until the next business day to file the appeal. This would have been Monday, July 19, the day claimant’s Notice of Appeal was filed. Thus, claimant’s appeal was not untimely filed, and respondent’s motion is without merit.
Accordingly, we find that respondents’ motion to dismiss claimant’s appeal to the Full Commission should be, and hereby is, denied.
IT IS SO ORDERED.
______________________________ OLAN W. REEVES, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ KAREN H. McKINNEY, Commissioner