EDWARDS v. CONAGRA POULTRY COMPANY, 1999 AWCC 339

CLAIM NO. E905059

TITUS EDWARDS, EMPLOYEE, CLAIMANT v. CONAGRA POULTRY COMPANY, SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 3, 1999

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

Claimant represented by R. THEODOR STRICKER, Attorney at Law, Jonesboro, Arkansas.

Respondent represented by NORWOOD PHILLIPS, Attorney at Law, El Dorado, Arkansas.

[1] ORDER
[2] This matter comes on for review before the Full Commission on respondent’s Motion to Dismiss Appeal. After careful consideration of this Motion, the accompanying brief in support, claimant’s submissions and all other matters properly before the Commission, we find that respondent’s Motion to Dismiss Appeal must be granted. [3] Arkansas Worker’s Compensation Law allows parties to petition the Full Commission for review of an order or award by an Administrative Law Judge. The applicable statute governing the time for filing an appeal to the Full Commission states;

“A compensation order or award of an administrative law judge or a single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from receipt by him of the order or award, petition in writing for a review by the Full Commission of the order or award.” A.C.A. § 11-9-711(a)(1) (1987).
The procedural requirements set forth in A.C.A. § 11-9-711(a)(1) are mandatory and jurisdictional, and therefore must be strictly complied with. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 670 (1986). Accordingly, the decision of the Administrative Law Judge becomes final, and the Full Commission cannot review the decision unless a “petition for review” is received within the thirty day period set forth in the statute.

[4] In the present case, the Administrative Law Judge’s Opinion was filed on August 23, 1999. Claimant received his copy of that Order and Opinion on August 26, 1999. Pursuant to the statute cited above the period for filing a petition for review expired on September 27, 1999. Claimant filed a Notice of Appeal with the Clerk of the Arkansas Worker’s Compensation Commission on September 29, 1999. [5] Because claimant’s Notice of Appeal was not received in the office of the Commission within thirty days from receipt of the order appealed, as required by statute, we find that claimant has failed to satisfy the statutory requirements to timely appeal. See, Morrison v. Tyson Foods, 11 Ark. App. 161, 668 S.W.2d 47
(1984). [6] Therefore, for the reasons discussed herein, we find that claimant’s appeal must be, and hereby is, dismissed. [7] IT IS SO ORDERED. [8] ____________________________
ELDON F. COFFMAN, Chairman

_____________________________
MIKE WILSON, Commissioner

[9] Commissioner Humphrey concurs.