Opinion
CLAIM NO. E211368
ORDER FILED JULY 7, 1994
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE LANA PARKS DAVIS, Attorney at Law, Little Rock, Arkansas.
Respondents represented by the HONORABLE ANDREW CLARK, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter comes before the Full Commission on the claimant's motion for reconsideration. In this motion, the claimant contends that he did not receive proper notice of a hearing held for the administrative law judge on October 28, 1993, and he asks the Commission to set aside the opinion and order filed by the administrative law judge as a result of that hearing. In this regard, the respondent asserts that he moved to Little Rock in March of 1993 and that the Commission continued to send correspondence to his address in Pine Bluff. The claimant has objected to the respondent's motion.
After careful consideration of the respondent's motion, the claimant's response, and all other matters properly before the Commission, we find that the respondent's motion must be denied. The administrative law judge filed a prehearing order on August 31, 1993, which stated that the hearing was scheduled for October 28, 1993, and a copy of this prehearing order was sent to the claimant's Pine Bluff address by certified mail, return receipt requested. The claimant signed the return receipt for this certified mail on September 7, 1993. Furthermore, the respondent never advised the Commission of any address change, and he responded to correspondence sent to the Pine Bluff address subsequent to March of 1993. Consequently, we find that the respondent received proper notice of the hearing.
Furthermore, the administrative law judge's January 13, 1994, opinion and order was sent to the respondent by certified mail, and he signed this receipt on January 31, 1994. However, he did not appeal the administrative law judge's decision or take any action until the present motion was filed on May 4, 1994. An order entered where proper notice is not given is void and may be vacated. Whirlpool Corporation v. Kaelin, 19 Ark. App. 331, 720 S.W.2d 722 (1986); Dura Craft Boats v. Daugherty, 247 Ark. 125, 444 S.W.2d 562 (1969). However, Ark. Code Ann. § 11-9-711 (a) (1987) provides that an order or award of an administrative law judge shall become final unless a petition for review is filed with the Full Commission within thirty (30) days after it is received, and, once an administrative law judge's order or award becomes final, the Commission loses jurisdiction to review the claim. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982);Lloyd v. Potlatch Corp., 19 Ark. App. 335, 721 S.W.2d 670 (1986). Furthermore, once a party receives a copy of an administrative law judge's order or award, he must act within the time limits provided in the Workers' Compensation Law, even though he did not previously receive notice of the pending action. See, Hazel Hopper v. The Rust Engineering Co., 251 Ark. 698, 474 S.W.2d 414 (1971). Consequently, even if the respondent had not received notice of the hearing, we would find that we lost jurisdiction to consider this motion when the respondent failed to appeal the administrative law judge's decision within thirty days after he received it.
Accordingly, for the reasons discussed herein, we find that the respondent's motion must be, and hereby is, denied.
IT IS SO ORDERED.