HARDY v. CAMDEN TIMBER SERVICES

This matter comes before the Full Commission on the respondents' motion to dismiss the claimant's appeal. After careful consideration of the respondents' motion, the lack of response from the claimant, and all other matters properly before the Commission, we find that the respondents' motion should be granted.

The Arkansas Workers' Compensation Law allows parties to petition the Full Commission for review of an order or award of an administrative law judge. The applicable statute governing the time for filing an appeal to the Full Commission states as follows:

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 of the order or award, petition in writing for a review by the full commission of the order or award.

Ark. Code Ann. § 11-9-711(a)(1) (Repl. 1996). The procedural requirements set forth in Ark. Code Ann. § 11-9-711(a)(1) are mandatory and jurisdictional, and consequently, must be strictly complied with. Cooper Industrial Products v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982); Lloyd v. Potlatch Corporation, 19 Ark. App. 335, 721 S.W.2d 670 (1986). Therefore, the decision of the administrative law judge becomes final, and the Full Commission cannot review the decision if the petition for review is not received within thirty (30) days, as set forth in the statute.

In the present claim, the administrative law judge filed an opinion and order on March 25, 1996. The claimant received a copy of this opinion and order at least by March 27, 1996, as evidenced by a signed certified receipt. The respondents received a copy of the opinion and order on March 27, 1996. However, the claimant's notice of appeal was not received by the Commission until May 1, 1996, at least thirty-five (35) days after he received the administrative law judge's opinion and order. Consequently, the administrative law judge's opinion and order became final when no petition for review was filed within thirty (30) days of the claimant's receipt of the opinion and order, and the Full Commission cannot review this claim.

Accordingly, for the reasons discussed herein, we find that the respondents' motion to dismiss appeal, must be, and hereby is, granted. The claimant's appeal is dismissed.

IT IS SO ORDERED.