CLAIM NO. E408179
LINDA HENDERSON, EMPLOYEE, CLAIMANT v. TYSON FOODS, INC., SELF-INSURED EMPLOYER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JANUARY 11, 1996
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by DENVER THORNTON, Attorney at Law, El Dorado, Arkansas.
Respondent represented by DAVID WALL, Attorney at Law, Fayetteville, Arkansas.
[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion to dismiss claimant’s appeal to the Commission.
[3] After our consideration of respondent’s motion, claimant’s failure to respond thereto and all other matters properly before the Commission, we find that respondent’s motion should be granted.
[4] The opinion of the Administrative Law Judge was filed on September 6, 1995. A copy of this opinion was sent to the parties by certified mail, returned receipt requested. A certified mail receipt indicates that counsel for claimant received a copy of the Administrative Law Judge’s opinion on September 12, 1995. However, claimant’s notice of appeal was not filed with the Commission until October 17, 1995.
[5] Pursuant to Ark. Code Ann. §
11-9-711(a) (1987), the opinion of the Administrative Law Judge became final unless claimant filed an appeal within 30 days from the receipt of the opinion. Since claimant’s appeal was not filed within the required 30 days, the appeal was untimely filed and the Commission has no jurisdiction to review it.
[6] Accordingly, we find the respondent’s motion to dismiss claimant’s appeal to the Commission should be, and hereby is, granted.
[7] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner
