SANSON v. DREW COUNTY ROAD DEPARTMENT, 2002 AWCC 78

CLAIM NO. F007072

DAVID SANSON, EMPLOYEE, CLAIMANT v. DREW COUNTY ROAD DEPARTMENT, EMPLOYER, RESPONDENT, AAC RISK MANAGEMENT SERVICES, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 29, 2002

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

Claimant represented by HONORABLE WILLIAM KIRBY MOUSER, Attorney at Law, Pine Bluff, Arkansas.

Respondent represented by HONORABLE GAIL O. MATTHEWS, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on review before the Commission on the claimant’s motion to accept brief out of time.

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 brief was due on March 1, 2002. The claimant’s brief was not filed with the Commission until March 6, 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.” (Emphasis added). Since the claimant’s brief and motion were filed five days beyond the due date, the claimant’s motion was untimely filed, and we find that the motion 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. F007072).

Accordingly, we find that the claimant’s motion should be, and hereby is, denied.

IT IS SO ORDERED.

_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ JOE E. YATES, Commissioner

Commissioner Turner dissents.