PIGGEE v. KROGER, 2008 AWCC 120

CLAIM NO. F708337

BRITTANY PIGGEE, EMPLOYEE CLAIMANT v. KROGER, EMPLOYER RESPONDENT KROGER LIMITED PARTNERSHIP, INSURANCE CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
ORDER FILED SEPTEMBER 17, 2008

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

Claimant appeared pro se.

Respondents represented by the HONORABLE MICHAEL LEE WRIGHT, Attorney at Law, Little Rock, Arkansas.

ORDER AND OPINION
This matter comes on for review before the Full Commission on respondent’s Motion to Dismiss Claimant’s Notice of Appeal. The respondent argues that the claimant, who represents herselfpro se, did not timely file the Notice of Appeal within the statutory time period allowed under Ark. Code Ann. § 11-9-711. We disagree and accordingly deny the respondent’s Motion to Dismiss Claimant’s Notice of Appeal. The language of Ark. Code Ann. § 11-9-711(a)(1) is as follows:

A compensation order or award of an

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administrative law judge or single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from the receipt by him or her of the order or award, petition in writing for a review by the full commission of the order or award. [emphasis added]

The Administrative Law Judge filed the opinion on July 2, 2008. The opinion of the administrative law judge was mailed to the claimant’s address via certified mail on July 2, but was returned to the Commission unsigned on July 7, 2008. The opinion was again mailed to the claimant’s address via certified mail on July 7, 2008. The Commission has a certified mail card which indicates that the claimant signed for the opinion and order of the administrative law judge on July 18, 2008. Therefore, the claimant received the order of the administrative law judge on July 18, 2008. Allowing for the statutory thirty (30) days, the claimant had until August 18, 2008 in which to file a Notice of Appeal. The Commission received the claimant’s Notice of Appeal, in the form of a hand-written note, on August 12, 2008.

Therefore, we find that the respondent’s Motion to Dismiss Claimant’s Notice of Appeal should be, and hereby is, denied.

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner

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