JOHNSON v. LATEX CONSTRUCTION CO., 2004 AWCC 231

CLAIM NO. F301922

DAVID JOHNSON, EMPLOYEE, CLAIMANT v. LATEX CONSTRUCTION CO., EMPLOYER, RESPONDENT, ZURICH AMERICAN INSURANCE COMPANY, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 17, 2004

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

Claimant represented by HONORABLE GREG GILES, Attorney at Law, Texarkana, Arkansas.

Respondents represented by HONORABLE LEE MULDROW, Attorney at Law, Little Rock, Arkansas.

ORDER

This case comes on for review before the Commission on respondent’s unopposed motion for leave to file tendered brief to the Full Commission.

After our consideration of respondent’s motion and all other matters properly before the Commission, we find that this motion must be denied.

Respondents’ brief was due November 29, 2004. On December 3, 2004, Respondent filed the present motion seeking to file its brief to the Full Commission.

Correspondence from the Commission establishing the briefing schedule clearly states that “[a]ny extension request must be submitted in writing prior to the due date.” (Original emphasis.) Since respondent’s motion was untimely filed, it must be denied.

Accordingly, we find that respondent’s motion for leave to file tendered brief to the Full Commission should be, and hereby is, denied.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner