WILLIAMS v. CITY OF LITTLE ROCK, 2001 AWCC 133

CLAIM NO. E913244

IMOGENE WILLIAMS, EMPLOYEE, CLAIMANT v. CITY OF LITTLE ROCK ARKANSAS, EMPLOYER, RESPONDENT, RISK MANAGEMENT RESOURCES, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 13, 2001

Upon review before the Full Commission, Little Rock, Pulaski County, Arkansas.

Claimant appeared pro se.

Respondent represented by HONORABLE BETTY DEMORY, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on review before the Commission on respondent’s motion to dismiss claimant’s appeal to the Commission as being untimely.

After our consideration of respondent’s motion, claimant’s failure to respond thereto and all other matters properly before the Commission, we find that respondent’s motion should be granted.

The Administrative Law Judge filed an opinion on February 9, 2001. A copy of this opinion was sent to the parties by certified mail, return receipt requested. The certified mail receipt indicates that claimant received a copy of the Administrative Law Judge’s opinion on February 23, 2001. Claimant had 30 days from receipt of the opinion to file her appeal. Claimant’s appeal was marked received by the Commission on April 6, 2001.

Pursuant to Ark. Code Ann. § 11-9-711(a)(l) (Repl. 1996), the opinion of the Administrative Law Judge became final, unless claimant filed an appeal within thirty days from the receipt of the opinion. The procedural requirements set forth in the statute are mandatory or jurisdictional and must be strictly complied with. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (l982); Lloyd v. Potlatch Corporation, 19 Ark. App. 335, 721 S.W.2d 670 (l986). Therefore, the opinion of the Administrative Law Judge becomes final and the Full Commission cannot review it if the petition for review is not filed within thirty days, as set forth in the statute. Moreover, the rule of unavoidable casualty does not apply to the failure to file a notice of appeal in a timely manner. Williams v. Luft, 31 Ark. App. 198, 790 S.W.2d 921 (l990). Since claimant’s appeal was not filed within the required thirty days, the appeal was untimely filed and the Commission has no jurisdiction to review it.

For the foregoing reasons, we find that respondent’s motion to dismiss claimant’s appeal as untimely filed should be, and hereby is, granted.

IT IS SO ORDERED.

________________________________ ELDON F. COFFMAN, Chairman
________________________________ MIKE WILSON, Commissione