CLAIM NO. E300492
Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 6, 1996
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by the HONORABLE MICHAEL MAYTON, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This matter comes before the Full Commission on remand from the Arkansas Court of Appeals. A dispute has arisen with regard to the timeliness of the claimant’s notice of appeal to the Court. In its per curiam decision, the Court made the following statements:
[3] Thus, in accord with the directions of the Court, we find that this claim must be remanded to an Administrative Law Judge with instructions to expeditiously conduct such proceedings as are necessary to afford the parties a hearing on the issue and to file findings of fact based on the record compiled. The record compiled at these proceedings and the findings of fact filed by the Administrative Law Judge shall be submitted to the Full Commission without any motion, request, or additional notice of appeal at the earliest possible date. [4] IT IS SO ORDERED.Thus, in this case the appellant would have had until Monday, September 25, 1995, to file her notice of appeal; however, it was not filed until Tuesday, September 26, 1995. But the appellant alleges in her motion that the office of the Commission was closed on September 25 “because Mrs. Jackson had [a] death in her family.”
We do not know, of course, whether this allegation is true or not. Therefore, we remand this matter to the Commission for a factual determination on this allegation. The Commission shall afford the parties a hearing on the issue and file with this court, without any motion, request, or additional notice of appeal, the Commission’s finding in regard to the allegation.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner