CLAIM NO. E504719
CINDY MAIN, EMPLOYEE, CLAIMANT v. ROCKLINE INDUSTRIES, EMPLOYER, RESPONDENT and WAUSAU INS. CO., CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 28, 1996
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by JEFF SLATON, Attorney at Law, Springdale, Arkansas.
Respondent represented by ANGELA DOSS, Attorney at Law, Fayetteville, Arkansas.
[1] ORDER
[2] This matter comes before the Full Commission on claimant’s Motion to Dismiss respondent’s appeal. After giving due consideration to the motion, the brief and supplement brief and support thereof, and respondent’s response thereto, and all other matters properly before the Commission, we find that the motion must be denied.
[3] The Administrative Law Judge filed an opinion and order in this matter on April 19, 1996. Respondent filed an appeal to the Full Commission within the time and manner permitted by law. Although there is no authority in the Act for an appealing party to designate a record on appeal to the Full Commission, the respondent’s Notice of Appeal designated as the record on appeal the entire hearing transcript.
[4] Ark. Code Ann. §
11-9-704 (B)(5) states: The [Administrative Law Judge] award, together with the statement of the findings of fact and other matters pertinent to the issues,shall be filed with the record of the proceedings, and a copy of the award shall be immediately sent to the parties in dispute or to their attorneys.” (Emphasis added.) Ark. Code Ann. §
11-9-711 (A)(1) states: “A compensation order or award of an administrative law judge or a single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from the receipt by him of the order or award, petition in writing for a review by the Full Commission of the order or award.” The Act further provides, “[i]f an application for review is filed in the office of the commission within thirty (30) days from the date of the receipt of the award, the fullcommission shall review the evidence or, if deemed advisable, hear the parties, their representatives, and witnesses and shall make awards, together with its rulings of the law, and file same in like manner as specified in the foregoing.” Ark. Code Ann. §
11-9-704 (C)(A). (Emphasis added.) Finally, Ark. Code Ann. §
11-9-704 (C)(2) states: “When deciding any issue, the administrative law judge’s and the commission shall determine, onthe basis of the record as a whole, whether the party having the burden of proof has established it by a preponderance of the evidence.”
[5] The burden is not upon the appealing party. Rather, the Commission is under a statutory duty to review all the evidence and the record as a whole. By statute, the opinion of the Administrative Law Judge is made a part of the record. Morris LeeBlake v. Rickett’s Trucking, FC Opinion, May 24, 1994 (
E007238);Woods v. Best Western,
32 Ark. App. 196,
799 S.W.2d 565 (1990). Pursuant to our statutory duty, we must review the entire record before the Administrative Law Judge de novo regardless of what a party tries to designate as the record on appeal. Ark. Code Ann. §
11-9-704 (C)(2) (Repl. 1996). The respondent’s Notice of Appeal was timely filed and specifically set forth the issues to be presented on appeal, therefore respondent’s appeal satisfies the statutory requirements for bringing a claim before the Full Commission on appeal. Since the opinion is made a part of the record by statute and since the Commission is under a statutory duty to review the entire record, claimant’s Motion to Dismiss for lack of jurisdiction is without merit. Accordingly, we find that claimant’s Motion to Dismiss the respondent’s appeal must be and hereby is denied.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALICE L. HOLCOMB, Commissioner
[7] Commissioner Humphrey concurs.
