FIELDER v. COLSON CASTER CORPORATION, 1999 AWCC 20

CLAIM NO. E709728

LAWANDA C. FIELDER, EMPLOYEE, CLAIMANT v. COLSON CASTER CORPORATION, EMPLOYER, RESPONDENT and SEDGWICK JAMES OF ARKANSAS, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JANUARY 21, 1999

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

Claimant Pro Se.

Respondent represented by RICHARD LUSBY, Attorney at Law, Jonesboro, Arkansas.

ORDER
This matter is currently before the Commission on respondent’s motion to dismiss claimant’s appeal. After consideration of respondent’s motion, claimant’s response thereto, and all other matters properly before the Commission, we find that respondent’s motion should be granted. The Arkansas Workers’ Compensation Law allows parties to petition the Full Commission for a review of an Order or Award of an Administrative Law Judge. The applicable statute governing the time for filing an appeal to the Full Commission states as follows:

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 30 days from the receipt by him of the order or award, petition in writing for a review by the Full Commission of the order or award.

Ark. Code Ann. § 11-9-711(a)(1) (Repl. 1996).

The procedural requirements set forth in this statute are mandatory and jurisdictional. Consequently, they must be strictly complied with. Keeper Industrial Products v.Meadows, 5 Ark. App. 205, 634 S.W.2d 670 (1986). Therefore, the decision of the Administrative Law Judge becomes final, and the Commission cannot review the decision unless a petition for review is received within the 30-day period set forth in the statute.

In the present claim, the Administrative Law Judge filed her Opinion and Order on August 19, 1998. Claimant’s petition for review dated October 19, 1998, was not filed with the Commission until October 22, 1998. Accordingly, claimant’s notice of appeal or petition for review was not timely filed pursuant to Ark. Code. Ann. § 11-9-711(a)(1). Therefore, we find that respondent’s motion is well taken and should be granted.

IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman

_______________________________ MIKE WILSON, Commissioner

Commissioner Humphrey dissents.