EDENS v. SUPERIOR MARBLE GLASS, 2000 AWCC 84

CLAIM NO. E903271

JAMES EDENS, EMPLOYEE, CLAIMANT v. SUPERIOR MARBLE GLASS, EMPLOYER, RESPONDENT and AMERICAN HOME ASSURANCE, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 15, 2000

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

Claimant represented by SHANNON MUSE CARROLL, Attorney at Law, Hot Springs, Arkansas.

Respondent represented by R. SCOTT MORGAN, Attorney at Law, Pine Bluff, Arkansas.

ORDER
This case comes on review before the Commission on the claimant’s motion to file a belated brief.

After our consideration of the claimant’s motion, the respondent’s objection thereto and all other matters properly before the Commission, we find that the claimant’s motion should be denied.

The claimant’s initial brief on appeal was due on February 4, 2000. On February 10, 2000, the claimant filed a Motion to file a belated brief.

Correspondence from the Commission establishing the original briefing schedule clearly states that: “[A]ny extension requests must be submitted in writing prior to the due date.” (Original emphasis). The claimant’s Motion was filed six days beyond the due date for the brief. Since the claimant’s Motion was untimely filed, we find it must be denied. See, McGraw v. ArkansasDelivery Systems, Full Workers’ Compensation Commission, Opinion Filed March 31, 1999 (WCC No. E315884); Strecker v. Holiday IslandSuburban Improvement District, Full Workers’ Compensation Commission Opinion Filed March 11, 1995 (WCC No. E704665); Zarnesv. Camden Wire, Full Workers’ Compensation Commission, Opinion Filed February 24, 1999 (WCC No. E714141).

Accordingly, we find that the claimant’s Motion should be, and hereby is, denied.

IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman

_______________________________
PAT WEST HUMPHREY, Commissioner

_______________________________ MIKE WILSON, Commissioner