WHEATON-McGLOTHLIN v. SW ARKANSAS DEVELOPMENT COUNCIL, INC., 2005 AWCC 138


CLAIM NO. F406024

ELNORA WHEATON-McGLOTHLIN, EMPLOYEE, CLAIMANT v. SW ARKANSAS DEVELOPMENT COUNCIL, INC., EMPLOYER, RESPONDENT, RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 8, 2005

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

Claimant appears pro se.

Respondents represented by the HONORABLE BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for consideration of respondents’ request to dismiss claimant’s notice of appeal. The administrative law judge entered his opinion on February 22, 2005 denying the claim. Claimant did not file her notice of appeal until May 16, 2005. She states that she thought her attorney was going to assist her with the appeal. She offers no other explanation as to why her notice of appeal was filed more than 80 days after the opinion was entered. Without more justifiable explanation, we must grant respondents’ motion and dismiss this notice of appeal.

IT IS SO ORDERED.

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

Commissioner Turner dissents.