KIRK v. CITY OF PINE BLUFF, 1995 AWCC 190

CLAIM NO. E310711

MAURICE KIRK, EMPLOYEE, CLAIMANT v. CITY OF PINE BLUFF, SELF-INSURED EMPLOYER, RESPONDENT and GALLAGHER BASSETT SERVICES, INC., THIRD PARTY ADMINISTRATOR, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 13, 1995

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

Claimant appears pro se.

Respondents represented by WILLIAM M. GRIFFIN, III and BETTY J. DEMORY, Attorneys at Law, Little Rock, 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 Administrative Law Judge filed an opinion on May 1, 1995. A copy of this opinion was sent to the parties by certified mail, return receipt requested. The certified mail receipt indicates that claimant received a copy of the Administrative Law Judge’s opinion on May 2, 1995. Pursuant to Ark. Code Ann. § 11-9-711 (a)(1) (1987), the opinion of the Administrative Law Judge became final unless claimant filed an appeal within thirty days from the receipt of the opinion. Thus, claimant had until June 1, 1995 to file his appeal with the Commission. However, claimant’s appeal was not received by the Commission until June 5, 1995, and is therefore, untimely. Consequently, the Commission has no jurisdiction to review claimant’s appeal. [5] The claimant has filed a motion to exclude certain evidence and requested that the Commission issue a subpoena for certain documents. However, since claimant’s appeal has been dismissed, these issues are now moot. [6] Accordingly, we find that 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 ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner