SMITH v. AERIAL BOUQUETS, INC., 2000 AWCC 230

CLAIM NO. E901866

BRENDA SMITH, EMPLOYEE, CLAIMANT v. AERIAL BOUQUETS, INC., EMPLOYER, RESPONDENT, SOUTHERN GUARANTY INSURANCE CO., CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 24, 2000.

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

Claimant represented by LEIF HAMMON, Attorney at Law, Jonesboro, Arkansas.

Respondent represented by MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Commission on the claimant’s motion to file a belated brief. 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 July 14, 2000. On July 26, 2000, the claimant filed a motion to permit the filing of his belated brief. The respondent had no objection.

Correspondence from the Commission establishing the original briefing schedule clearly states that: “[a]ny extension request must be submitted in writing prior to the due date.” (Original emphasis.) The claimant’s motion to file a belated brief was not filed until fourteen days beyond the due date for the initial brief on appeal. Since the claimant’s motion was untimely filed, it must be denied.

Accordingly, we find that the claimant’s motion to file a belated brief should be, and hereby is, denied.

IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman

_______________________________ PAT WEST HUMPHREY, Commissioner
_______________________________ MIKE WILSON, Commissioner