CLAIM NO. E805573

DANIEL EVANS, EMPLOYEE, CLAIMANT v. UNIVERSITY OF ARKANSAS, EMPLOYER, RESPONDENT and PUBLIC EMPLOYEE CLAIMS, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 25, 1999

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

Claimant represented by JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by NATHAN CULP, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on claimant’s motion to strike respondents’ reply brief.

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

[4] Respondents filed a timely appeal of the Administrative Law Judge’s award of benefits. Once a briefing schedule was established, claimant filed a motion for an extension of time to file his brief. This motion was granted and the Clerk of the Commission informed the parties of the new briefing schedule, with respondents’ reply brief being due on or before March 5, 1999. The present motion filed by counsel for claimant asserts that respondents failed to file the reply brief in a timely manner. However, respondents filed this brief on March 3, 1999, clearly within the time set forth in the briefing schedule.

[5] Accordingly, we find that claimant’s motion to strike respondents’ reply brief is without merit and is therefore, denied.

[6] IT IS SO ORDERED.

[7] _____________________________
ELDON F. COFFMAN, Chairman

_____________________________ PAT WEST HUMPHREY, Commissioner

_____________________________ MIKE WILSON, Commissioner

Tagged: