CLAIM NO. F309361
Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 10, 2009
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE MARVIN LEIBOVICH, JR., Attorney at Law, Conway, Arkansas.
Respondents No. 1 represented by the HONORABLE MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by the HONORABLE DAVID SIMMONS, Attorney at Law, Little Rock, Arkansas.
Respondent No. 3 represented by the HONORABLE CHRISTY KING, Attorney at Law, Little Rock, Arkansas.
ORDER
Presently before the Commission is Claimant’s Motion to Strike Notice of Appeal by Respondent No. 2.
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After consideration of Claimant’s motion, Respondent No. 2’s response thereto, and all other matters properly before the Commission, we find that claimant’s motion must be and hereby is granted. The claimant also filed a Motion to File Belated Cross Appeal, which is hereby rendered moot by this Order.
Commission Rule 099.18 specifically provides that “All briefs, letters, and other papers or documents shall be served upon all other known parties, and shall bear an appropriate certificate of service.” The issue is whether the respondent complied with the notice requirement, not whether the claimant has been or will be prejudiced by the respondent’s failure to comply with Commission Rule 099.18. Although Respondent No. 2 contends that the failure to give notice was unintentional, Commission rules and procedures in claims must be applied equally to each and every party. In a recent order, a pro se claimant’s notice of appeal was stricken for this very reason. See Ricky Elam v. Arkady DisasterRecovery, Inc., Full Commission Order filed February 9, 2009 (F611271). Accordingly, we find that Respondent No. 2’s failure to serve the claimant
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is in direct violation of Commission Rule 099.18.
Therefore, we find that Respondent No. 2 has failed to perfect a notice of appeal, and that the notice of appeal must therefore be, and hereby is, stricken. The Claimant’s Motion to File Belated Cross Appeal is hereby rendered moot.
IT IS SO ORDERED.
________________________________ A. WATSON BELL, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner
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