CONDREY v. CEDAR AMERICA, 2001 AWCC 171

CLAIM NO. E914507

MONICA CONDREY, EMPLOYEE, CLAIMANT v. CEDAR AMERICA, EMPLOYER, RESPONDENT, VIRGINIA SURETY CO., INC., INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 1, 2001

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

Claimant represented by FREDERICK S. SPENCER, Attorney at Law, Mountain Home, Arkansas.

Respondents represented by S. HUBERT MAYES, JR., Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Full Commission on claimant’s Motion to File Belated Brief. After our consideration of claimant’s motion and all other pertinent matters before the Commission, we find that claimant’s motion should be denied.

In an opinion and order filed on March 1, 2001, an administrative law judge determined that claimant failed to prove the occurrence of a compensable injury within the meaning of the Arkansas Workers’ Compensation Act. That decision was appealed by claimant in a timely fashion. On March 22, 2001, the Clerk of the Commission established a briefing schedule, which reflected that claimant’s appeal brief was due on April 13, 2001. Claimant’s counsel filed a Motion for Additional Time to File Brief on April 13, 2001, to which respondents posed no objection. In correspondence dated April 16, 2001, the Clerk of the Commission issued a revised briefing schedule, showing that claimant’s brief was due on May 13, 2001. On May 15, 2001, claimant filed an appeal brief as well as a Motion to File Belated Brief.

Correspondence from the Commission establishing the original briefing schedule explicitly provided that “[a]ny extension request must be submitted in writing prior to the due date. . . .” Unquestionably, claimant’s brief was not filed in accordance with the revised briefing schedule established by the Clerk of the Commission. In the Motion to File Belated Brief, claimant’s counsel attributed the tardiness to his business travel schedule. In our opinion, this does not justify an extension.

Accordingly, we find that claimant’s Motion to File Belated Brief must be, and hereby is, denied.

IT IS SO ORDERED.

_____________________________________ ELDON F. COFFMAN, Chairman
_______________________________________ MIKE WILSON, Commissioner

Commissioner Turner concurs.