CLAIM NO. E505768
Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 12, 1998
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE RONALD MARC CHAUFTY, Attorney at Law, Texarkana, Texas.
Respondents represented by the HONORABLE ROBERT A. RUSSELL, JR., Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This matter is before the Commission on the motion of claimant’s attorney to withdraw as counsel and on claimant’s motion to dismiss her appeal. After reviewing both motions, respondent’s failure to respond thereto, and all other matters properly before the Commission, we find that claimant failed to lodge a timely appeal of the Administrative Law Judge’s decision and we are, therefore, without jurisdiction to consider claimant’s motion to dismiss her appeal. The record reflects that claimant’s Notice of Appeal is dated May 30, 1998, and bears a Commission file mark of June 3, 1998. The certified green card, which evidences claimant’s receipt of the Administrative Law Judge’s Opinion, is dated April 22, 1998. Accordingly, we find that claimant failed to lodge an appeal of the Administrative Law Judge’s Opinion within the 30 days allowed by statute. We are without jurisdiction to consider claimant’s appeal. Therefore, we find that claimant’s appeal must be, and hereby is, dismissed. [3] Since we do not have jurisdiction to consider claimant’s appeal, the motion of claimant’s attorney to withdraw as counsel remains pending before an Administrative Law Judge. Therefore, we find that this matter must be remanded to an Administrative Law Judge to hear claimant’s attorney’s Motion to Withdraw. [4] IT IS SO ORDERED. [5] ________________________________________
ELDON F. COFFMAN, Chairman
________________________________________ MIKE WILSON, Commissioner
[6] Commissioner Humphrey concurs. [7] CONCURRING OPINION[8] Although I must agree that claimant’s notice of appeal was untimely filed, I write separately to address claimant’s misunderstanding of the appellate process before the Full Commission. [9] This case was submitted to an Administrative Law Judge for a decision based on the briefs of the parties and claimant’s deposition. The Administrative Law Judge found that while claimant was not entitled to benefits for permanent anatomical impairment, she could continue to receive medical treatment for her admittedly compensable carpal tunnel syndrome. Claimant filed a pro se appeal to the Commission. Once the briefing schedule was established, claimant’s attorney informed the Commission that “claimant will be responsible for meeting all deadlines for filing briefs in this case.” The Clerk of the Commission treated this correspondence as a motion to withdraw and requested a response from claimant. Claimant’s response states in part:
My Lawyer, Ronald Chaufty has advised me to seek counsel somewhere else. I can’t represent myself. I don’t know how to get the briefs together. I will say this much that I still don’t agree with the Judge’s decision, it seems no one wants to help me. Even my own Lawyer has given up on my case.
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. . . I have no one to handle my case so just cancel my part. My Lawyer has left me out in the cold but that’s alright.
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[10] I must admit that I’m somewhat ambivalent about the motion by claimant’s attorney to withdraw filed when he thought this case was on appeal to the Commission. Since claimant’s attorney had already filed a brief arguing the merits to the Administrative Law Judge, it would have been a simple matter to inform the Commission to consider that brief on appeal. Instead, the attorney decided to wash his hands of this claimant. [11] Be that as it may, claimant clearly did not express an intention or willingness to abandon her appeal, had the appeal been timely filed. Although she may have used words to that effect, she was only giving up on the false impression that she must have legal representation and that a brief must be filed with the Commission. In the event that claimant may be involved in an appeal to the Commission in the future, I want to point out that neither representation by an attorney nor the filing of briefs are required to perfect an appeal and obtain a ruling on the merits by this Commission. [12] _______________________________ PAT WEST HUMPHREY, Commissioner. . . The Lord will never leave me. I have a messed up hand I will not lie about it and I will never change my statement. Yes, I’m dropping it because I don’t have anyone to represent me. No, I’m not dropping it because it’s (sic) I don’t have a disability. . . .