Opinion
CLAIM NO. F109075
ORDER FILED MAY 25, 2006
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by the Honorable Carol Lockard Worley, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Full Workers' Compensation Commission on the Respondents' Motion to Dismiss Claimant's Appeal as untimely. After considering the respondents' motion, the claimant's response thereto, and all other matters properly before the Commission, we find that the respondents' motion should be granted.
The Full Commission's opinion was issued on January 31, 2006. All attorneys of record and claimant were sent a copy. Claimant's copy was returned with a notice of no forwarding address. The Commission sent another copy to claimant's attorney of record on February 23, 2006. He signed for that copy on February 24, 2006.
The time allowed by law for the claimant to file a notice of appeal expired March 2, 2006. On April 19, 2006 the Commission received claimant's notice of appeal. Respondents filed this motion objecting to the notice of appeal as being untimely.
Ark. Code Ann. § 11-9-711(a)(1) clearly states:
A compensation order or award of an administrative law judge or a single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from the receipt by him or her of the order or award, petition in writing for a review by the full commission of the order or award.
A law has not been enacted by the General Assembly which would authorize the statutory time for appeal to be extended. Unless the General Assembly provides for such a remedy or procedure, neither administrative law judges nor the Commission have the power to waive or otherwise extend the time for an appeal.Cooper Indus. Prods. v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982).
We have held that service on the attorney of record is service on the client and acts of the attorney are binding on the client.Sampley v. Beverly Enterprises, No. E200487, Full Commission opinion filed November 3, 1993. See also, Lovelace v. Director, Employment Sec. Dept., 78 Ark. App. 127, 79 S.W.2d 400 (2002).
Therefore, after considering the respondents' motion, the claimant's response thereto, and all other matters properly before the Commission, we grant the respondents' motion to dismiss the appeal.
IT IS SO ORDERED.
_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner