CLAIM NOS. E210953 E003746
RAYMON BREWER, EMPLOYEE, CLAIMANT v. CHARLES ALLEN CONSTRUCTION CO., EMPLOYER, RESPONDENT NO. 1, and U.S.F. G., INSURANCE CARRIER, RESPONDENT NO. 1
Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 21, 1994
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE GARY DAVIS, Attorney at Law, Little Rock, Arkansas.
Respondent No. 1 represented by the HONORABLE SHANE PERRY, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by the HONORABLE BRIAN RATCLIFF, Attorney at law, El Dorado, Arkansas.
[1] ORDER
[2] This matter comes before the Full Commission on the motion of respondent no. 1 to Vacate Order and Grant New Trial Based Upon Newly Discovered Evidence. Respondent no. 2 objected to the motion of respondents no. 1, and the claimant has not responded to the motion. After giving due consideration to the motion of respondent no. 1, the response of respondent no. 2, and all other matters properly before the Commission, we find that this motion must be denied.
[3] On February 23, 1994, the Full Commission filed an opinion and order affirming and adopting a decision filed by the administrative law judge on October 7, 1993. No appeal was taken from the Full Commission’s decision. Now, respondent no. 1 asks this Commission to vacate our prior decision so that newly discovered evidence can be considered. However, this Commission has no authority to take the actions requested by respondent no. 1.
[4] A decision of the Workers’ Compensation Commission becomes final when no notice of appeal from that decision is filed within thirty (30) days from receipt of the decision. Ark. Code Ann. §
11-9-711(b) (1987); Morrison v. TysonFoods, Inc.,
11 Ark. App. 161,
668 S.W.2d 47 (1984). Furthermore, the Arkansas Workers’ Compensation Law does not provide for rehearing or reconsideration procedures after the thirty-day appeal period has expired. Lloyd v. PotlatchCorporation,
19 Ark. App. 335,
721 S.W.2d 670 (1986); CooperIndustrial Products v. Meadows,
5 Ark. App. 205,
634 S.W.2d 400 (1982); Walker v. J J Pest Control,
270 Ark. 941,
606 S.W.2d 597 (Ark.App. 1980). Consequently, we are without authority to vacate our prior opinion and order a new hearing, as respondent no. 1 requests.
[5] Accordingly, for the reasons discussed herein, we find that the motion of respondent no. 1 to Vacate Order and Grant New Trial Based Upon Newly Discovered Evidence must be, and hereby is, denied.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner
