TOSH v. SAIA MOTOR FREIGHT LINE, 2005 AWCC 11

CLAIM NO. F313557

DOUG N. TOSH, EMPLOYEE, CLAIMANT v. SAIA MOTOR FREIGHT LINE, SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JANUARY 20, 2005

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

Claimant represented by the HONORABLE STEVEN McNEELY, Attorney at Law, Little Rock, Arkansas.

Respondents represented by the HONORABLE ANDY L. CALDWELL, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Full Commission on respondents’ Motion To File Belated Brief.

After our consideration of respondents’ motion and all other matters properly before the Commission, we find that this motion must be denied.

The Clerk of the Commission informed respondents that their brief was due on December 22, 2004. Respondents argue that due to inclement weather they were unable to file their brief on its due date. However, respondents did not file the present motion until January 6, 2005. Since respondents’ motion was untimely filed, the motion must be denied.

Accordingly, we find that respondents’ Motion to File Belated Brief should be, and hereby is, denied. Therefore, we direct the Clerk of the Commission to submit this case to the Full Commission in accordance with the submission date previously set forth, January 26, 2005.

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner