CLAIM NO. E705930
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 18, 1998
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appeared pro se.
Respondents appeared by BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This case comes on for review before the Commission on claimant’s motion to extend the time to file an appeal. [3] After our consideration of claimant’s motion, respondent’s objection thereto and all other matters properly before the Commission, we find that claimant’s motion is moot. [4] The Commission does not have the authority to waive or extend the appeal time, even with the consent of the parties.Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982); Williams v. Luft Construction Co., 31 Ark. App. 198, 790 S.W.2d 921 (1990). [5] Although the document filed on December 29, 1997 by claimant requests an extension of time to file an appeal to the Arkansas Workers’ Compensation Commission, it also states that claimant appeals to the Court of Appeals. This document easily constitutes a notice of appeal. Claimant has represented himself throughout the proceedings before the Commission. A cursory review of the file indicates that claimant, as could be expected, had some difficulty understanding the process. In an opinion filed November 20, 1997, the Administrative Law Judge found that claimant did not sustain a compensable injury. Thus, although the document filed by claimant on December 29, 1997 indicates an appeal to the Court of Appeals, the only appeal possible was one to the Commission. This Commission, on numerous occasions, has found that appeals should not be dismissed simply because it indicates an appeal to the wrong body. Elmer Smith v. C.B. Lyon,Inc., Full Commission Opinion filed November 15, 1990 (D906303);Vanessa Daulton v. Gordos of Ark. Full Commission Opinion filed January 19, 1990 (D701912); Randy Gengo v. GenCorp. Automotive,Inc. Full Commission Opinion filed July 9, 1991 (E013619). Further, as long as this document was filed in a timely manner, claimant’s request for an extension of time to file an appeal is moot. A copy of the certified mail return receipt indicates that claimant received the Administrative Law Judge’s opinion on November 28, 1997. Claimant had until December 29, 1997 to file the appeal. Therefore, claimant’s appeal was timely filed. [6] Accordingly, we find that claimant’s motion to extend the time to file an appeal is moot. Additionally, we direct the Clerk of the Commission to establish a briefing schedule forthwith. [7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner
[8] Commissioner Wilson dissents.