WILLIAMS v. SMITH, 1997 AWCC 201

CLAIM NO. E315866

JIMMY WILLIAMS, EMPLOYEE, CLAIMANT v. GLEN A. SMITH JAMES SMITH, d/b/a A D’s SERVICES, UNINSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED APRIL 30, 1997

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

Claimant represented by CHARLES PADGHAM, Attorney at Law, Hot Springs, Arkansas.

Respondent appeared PRO SE.

[1] OPINION AND ORDER
[2] Respondent appeals an opinion and Order filed by the Administrative Law Judge on March 11, 1996. In that Order the Administrative Law Judge denied respondent’s motion to set aside the Administrative Law Judge’s prior opinion. Upon reviewing this case on appeal, we note that on May 30, 1995, respondent filed a notice of appeal of the Administrative Law Judge’s original opinion with the Workers’ Compensation Commission. The notice of appeal was not in the format that this Commission normally receives; however, the notice did state, “I will appeal your decision for I want the chance to defend myself against these lies you have heard.” Although the “notice of appeal” was not treated as such, in our opinion when claimant’s May 30, 1995, correspondence, quoted above, was received by the Commission it should have been forwarded to the Clerk of the Commission so that a briefing schedule could be set and the appeals process begun.

[3] We hereby remand this case to the Clerk of the Commission and instruct the Clerk to file the May 30, 1995, correspondence from respondent as it would any notice of appeal, to note that the May 24, 1995 Administrative Law Judge’s opinion has been appealed and to set a briefing schedule for the parties to file briefs addressing the merits of the Administrative Law Judge’s May 24, 1995 opinion.

[4] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner

[5] Commissioner Humphrey dissents.