MOSES v. LITTLE ROCK SCHOOL DISTRICT, 1999 AWCC 363

CLAIM NO. E900093

TRUDY S. MOSES, EMPLOYEE, CLAIMANT v. LITTLE ROCK SCHOOL DISTRICT, EMPLOYER, RESPONDENT and PUBLIC EMPLOYEE CLAIMS, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED DECEMBER 17, 1999

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

Claimant appeared pro se.

Respondents represented by J. CHRIS BRADLEY, Attorney at Law, North Little Rock, Arkansas.

ORDER
This matter comes on for review before the Full Commission on respondent’s Motion to Dismiss Appeal to Full Commission. After careful consideration of this Motion, the accompanying brief in support, claimant’s objection and all other matters properly before the Commission, we find that respondent’s Motion to Dismiss Appeal to Full Commission must be granted.

Arkansas Worker’s Compensation Law allows parties to petition the Full Commission for review of an order or award by an Administrative Law Judge. The applicable statute governing the time for filing an appeal to the Full Commission 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 receipt by him of the order or award, petition in writing for a review by the Full Commission of the order or award.” A.C.A. § 11-9-711(a)(1)(1987).
The procedural requirements set forth in A.C.A. § 11-9-711(a)(1) are mandatory and jurisdictional, and therefore must be strictly complied with. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 670 (1986). Accordingly, the decision of the Administrative Law Judge becomes final, and the Full Commission cannot review the decision unless a “petition for review” is received within the thirty day period set forth in the statute.

In the present case, the Administrative Law Judge’s Opinion was filed on August 11, 1999. Claimant received her copy of that Opinion on August 13, 1999. Pursuant to the statute cited above the period for filing a petition for review expired on September 13, 1999. Claimant filed a Notice of Appeal with Clerk of the Arkansas Worker’s Compensation Commission on October 28, 1999. Because claimant’s Notice of Appeal was filed approximately six weeks after the deadline for filing that Notice was not timely filed.

Therefore, for the reasons discussed herein, we find that claimant’s appeal must be, and hereby is, dismissed.

IT IS SO ORDERED.

___________________________ ELDON F. COFFMAN, Chairman

___________________________ MIKE WILSON, Commissioner

Commissioner Humphrey concurs.