TAYLOR v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, 1998 AWCC 147

CLAIM NO. E505847

CARL D. TAYLOR, EMPLOYEE, CLAIMANT v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, EMPLOYER, RESPONDENT and ARKANSAS SCHOOL BOARDS ASSOC. WCT, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 15, 1998

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

Claimant represented by DAVID BOWDEN, Attorney at Law, Little Rock, Arkansas.

Respondent represented by M. KEITH WREN, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter is currently before the Commission on respondent’s motion to have Respondent’s Response to Reply Brief made part of the record. After considering respondent’s motion, claimant’s lack of response thereto, and all other matters properly before the Commission, we find that claimant has failed to file a timely notice of appeal and respondent’s motion is therefore moot. [3] In his notice of appeal, claimant states that the October 16, 1997, opinion of the Administrative Law Judge was forwarded to claimant on or about October 20, 1997, and was received by claimant on or about October 22, 1997. Claimant’s attorney, George Ivy, received a copy of the Administrative Law Judge’s opinion via certified mail on October 21, 1997. Claimant’s notice of appeal was not filed until November 24, 1997, more than thirty days after the opinion was received by claimant. Ark. Code Ann. § 11-9-711
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 days from the receipt by him of the order or award, petitions in writing for a review by the Full Commission of the order or award.

[4] The procedural requirements set forth above are mandatory and jurisdictional, and consequently must be strictly complied with.Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 670 (1986). Therefore, 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] Although claimant’s notice of appeal bears a certificate of service date of November 20, 1997, it does not bear a file mark date with the Clerk of the Arkansas Workers’ Compensation Commission until November 24, 1997. Consequently, we cannot find that claimant complied with the statutory requirement for filing a petition for review within the thirty days from receipt of the order. Therefore, we find that claimant’s appeal must be and hereby is dismissed. Accordingly, respondent’s motion is now moot. [6] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner

[7] Commissioner Humphrey dissents.