CLAIM NO. E913515
Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 11, 2011
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE MICHAEL HAMBY, Attorney at Law, Greenwood, Arkansas.
Respondent represented by the HONORABLE JOHN P. TALBOT, Attorney at Law, Pine Bluff, Arkansas.
Decision of Administrative Law Judge: Reversed and Dismissed.
ORDER
The claimant in the above-styled matter moves the Commission to allow filing of a late brief. The Full Commission denies the motion.
An administrative law judge filed an opinion on July 20, 2011. The administrative law judge found that the claimant failed to prove a total hip replacement was reasonably necessary. The claimant filed a timely notice of appeal to the Full Commission. A representative of the
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Clerk of the Commission informed the parties on September 19, 2011, “Claimant’s brief will be dueOctober 3, 2011. . . . Any extension request must be submitted in writing prior to the due date.”
The claimant did not file a motion to allow filing of a late brief until October 5, 2011. Since the claimant’s motion was untimely filed, it must be denied. See Franklin v. Cross County Judge, Workers’ Compensation Commission F810601 (July 31, 2009).
We direct the Clerk of the Commission to establish a new briefing schedule, to include due dates for the respondents’ brief and the claimant’s reply brief.
IT IS SO ORDERED.
___________________________________ A. WATSON BELL, Chairman
___________________________________ KAREN H. McKINNEY, Commissioner
Commissioner Hood dissents.
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