CLAIM NO. E711966
SALLIE M. THROWER, EMPLOYEE, CLAIMANT v. KROGER COMPANY, EMPLOYER, RESPONDENT and CNA INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 20, 1999
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE ERNEST BROWN, Attorney at Law, Pine Bluff, Arkansas.
Respondents represented by the HONORABLE WENDY S. WOOD, Attorney at Law, Little Rock, Arkansas.
[1]
ORDER [2] The claimant again moves the Full Workers’ Compensation Commission for additional time to file her brief. After reviewing the claimant’s motion, respondents’ objection, and all other matters properly before the Full Commission, we deny the motion. [3] In an opinion filed February 3, 1999, an administrative law judge found that the claimant had sustained a compensable injury. The respondents filed a timely notice of appeal. On March 17, 1999, the Clerk of the Commission established the original briefing schedule, with the claimant’s brief due April 16, 1999. The Clerk expressly stated that any extension request must be submitted in writing prior to the due date. On April 13, 1999, the claimant moved for additional time to file her brief. The respondents did not object, and the Clerk issued a revised briefing schedule, with claimant’s brief due May 7, 1999. On May 7, 1999, the claimant again moved for additional time to file her brief. The Full Commission granted this motion and directed the Clerk to establish a new briefing schedule and submission date. Thereafter, the Clerk of the Commission established a new schedule and wrote that the claimant’s brief would be due June 25, 1999. [4] On June 29, 1999, four days after her brief was due, the claimant again moved for an additional extension. As noted
supra, correspondence from the Clerk of the Commission establishing the original briefing schedule expressly states, “Any extension request must be submitted in writing prior to the due date.” The claimant filed her motion four days beyond the due date for the brief. Since the claimant’s motion was not timely filed, we find that it must be denied. See, McGraw v. Arkansas Delivery Systems, Full Workers’ Compensation Commission, opinion filed March 31, 1999 (
E315884); Strecker v. Holiday Island Suburban ImprovementDistrict, Full Workers’ Compensation Commission, opinion filed March 11, 1995 (
E704665); Zarnes v. Camden Wire, Full Workers’ Compensation Commission, opinion filed February 24, 1999 (
E714141). [5] Accordingly, we must deny the claimant’s motion. [6] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner
[7] Commissioner Humphrey dissents.