WOODMANCY v. FRAMCO, INC., 2011 AWCC 41

CLAIM NO. F909396

JOSEPH WOODMANCY, EMPLOYEE CLAIMANT v. FRAMCO, INC., EMPLOYER RESPONDENT NO. 1 CHARTIS CLAIMS, INC., INSURANCE CARRIER RESPONDENT NO. 1 J S FRAMING RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 14, 2011

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

Claimant represented by the HONORABLE EVELYN BROOKS, Attorney at Law, Fayetteville, Arkansas.

Respondents No. 1 represented by the HONORABLE JARROD PARRISH, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 not participating.

ORDER
This case comes on review before the Commission on the claimant’s motion to file a belated brief.

After our consideration of the claimant’s motion, and all other matters properly before the Commission, we find that the claimant’s motion should be denied.

The claimant’s initial brief on appeal was due on February 18, 2011. On March 2, 2011, the claimant filed the present Motion to File a Belated Brief. The respondent had no

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objection.

Correspondence from the Commission establishing the original briefing schedule clearly states that: “[A]ny extension requests must be submitted in writing prior to the due date.” (Original emphasis). The claimant’s Motion was filed 12 days beyond the due date for the brief. Since the claimant’s Motion was untimely filed, we find it must be denied. See, McGraw v.Arkansas Delivery Systems, Full Commission Opinion March 31, 1999 (Claim No. E315884); Strecker v. HolidayIsland Suburban Improvement District, Full Commission Opinion, March 11, 1995 (Claim No. E704665); Zarnes v. CamdenWire, Full Commission Opinion, February 24, 1999 (Claim No. E714141).

Accordingly, we find that the claimant’s Motion should be, and hereby is, denied.

IT IS SO ORDERED.

___________________________________ A. WATSON BELL, Chairman

___________________________________ KAREN H. McKINNEY, Commissioner

Commissioner Hood Dissents.

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