ZARNES v. CAMDEN WIRE, 1999 AWCC 56

CLAIM NO. E714141

HARLIN ZARNES, EMPLOYEE, CLAIMANT v. CAMDEN WIRE, EMPLOYER, RESPONDENT and HARTFORD INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 24, 1999

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

Claimant represented by JEFFERY H. KEARNEY, Attorney at Law, Gould, Arkansas.

Respondents represented by R. SCOTT MORGAN, Attorney at Law, Pine Bluff, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on claimant’s motion to file a belated brief. [3] After our consideration of claimant’s motion, respondents’ objection thereto, and all other matters properly before the Commission, we find that claimant’s motion should be denied. [4] Claimant’s initial brief on appeal was due January 15, 1999. On January 14, 1999, claimant filed a motion for an extension of one week in the briefing schedule. Respondent had no objection. This motion was granted and claimant’s brief became due by January 22, 1999. The present motion, with claimant’s brief attached, was not filed with the Commission until January 27, 1999. [5] Correspondence from the Commission establishing the original briefing schedule clearly states that “[a]ny extension request must be submitted in writing prior to the due date.” (Original emphasis). Claimant’s motion was filed five days beyond the due date for the brief. Since claimant’s motion was untimely filed, it must be denied. [6] Accordingly, we find that claimant’s motion to file a belated brief should be, and hereby is, denied. [7] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner