GARTH v. WAL-MART ASSOCIATES, INC., 2009 AWCC 200

CLAIM NO. F803409

ELWANDA CAROL GARTH, EMPLOYEE CLAIMANT v. WAL-MART ASSOCIATES, INC., EMPLOYER RESPONDENT, CLAIMS MANAGEMENT, INC., INSURANCE CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED DECEMBER 17, 2009

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

Claimant represented by the HONORABLE J. MARK WHITE, Attorney at Law, Bryant, Arkansas.

Respondent represented by the HONORABLE CURTIS L. NEBBEN, Attorney at Law, Fayetteville, Arkansas.

ORDER
The claimant in the above-styled matter moves the Commission to allow filing of a belated brief. The claimant has appealed an administrative law judge’s opinion filed August 25, 2009. Correspondence to the parties from the Clerk of the Commission expressly states, “Claimant’s brief will be dueNovember 13, 2009. . . . Any extension request must be submitted in writing prior to the due date.” The claimant did not file her motion to file a belated brief until December 9, 2009. Since the claimant’s motion was untimely filed, we find it must be denied.

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Franklin v. Cross County Judge, Workers’ Compensation Commission F810601 (July 31, 2009).

The Full Commission therefore denies the claimant’s motion to file a belated brief.

IT IS SO ORDERED.

________________________________ A. WATSON BELL, Chairman

________________________________ KAREN H. McKINNEY, Commissioner

Commissioner Hood dissents.

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