CLAIM NO. F011731
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 4, 2003
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE RONALD CHAUFTY, Attorney at Law, Texarkana, Texas.
Respondent represented by HONORABLE DAVID JONES, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on review before the Commission on the claimant’s motion to extend the briefing schedule.
After our consideration of the claimant’s motion, and all other matters properly before the Commission, we find that the claimant’s motion should be denied.
The claimant’s initial brief on appeal was due on November 22, 2002. On December 3, 2002, the claimant filed a Motion for an Extension in the briefing schedule. The respondent had no objection. This Motion was not timely filed and the claimant lost his right to file a brief. On December 10, 2002, the respondents filed a Motion for an Extension and it was granted. The present Motion was not filed by the claimant with the Commission until December 16, 2002.
Correspondence from the Commission establishing the original briefing schedule clearly states that: “[A]ny extension requests must be submitted in writing prior to the due date.” (Original emphasis). The claimant’s Motion was filed beyond the due date for the brief. Since the claimant’s Motion was untimely filed, we find it must be denied. See, McGraw v.Arkansas Delivery Systems, Full Workers’ Compensation Commission, Opinion Filed March 31, 1999 (WCC No. E315884); Strecker v. Holiday IslandSuburban Improvement District, Full Workers’ Compensation Commission Opinion Filed March 11, 1995 (WCC No. E704665); Zarnes v. Camden Wire, Full Workers’ Compensation Commission, Opinion Filed February 24, 1999 (WCC No. E714141).
Accordingly, we find that the claimant’s Motion should be, and hereby is, denied.
IT IS SO ORDERED.
_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ JOE E. YATES, Commissioner