CLAIM NO. E800499
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 15, 1999
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant is pro se.
Respondents represened by DAVID S. WILSON, III, Attorney at Law, West Memphis, Arkansas.
[1] ORDER[2] 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. [3] 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;
[4] 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 IndustrialProducts 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. [5] In the present case, the Administrative Law Judge’s Order and Opinion denying claimant additional medical and Temporary Total Disability benefits was filed on February 3, 1999. Claimant received his copy of that Order and Opinion on February 11, 1999. Pursuant to the statute cited above the period for filing a petition for review expired on Monday March 15, 1999. Claimant filed a Notice of Appeal with Clerk of the Arkansas Worker’s Compensation Commission on March 31, 1999. [6] The Notice of Appeal filed by claimant on March 31st appears to have been notarized on February 20, 1999 and bears a certificate of service indicating that it was mailed to respondent’s counsel on February 23, 1999. These factors indicate that claimant had formed his intent to appeal the Administrative Law Judge’s Order and Opinion within the prescribed period. However as noted above the requirements of the applicable statute must be strictly complied with and claimant failed to do that. As a result the Commission does not have jurisdiction to consider claimant’s appeal. [7] Therefore, for the reasons discussed herein, we find that claimant’s appeal must be, and hereby is, dismissed. [8] IT IS SO ORDERED. [9] __________________________“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).
ELDON F. COFFMAN, Chairman __________________________ MIKE WILSON, Commissioner [10] Commissioner Humphrey concurs.