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WAYNE ROLAND FONDREN, EMPLOYEE, CLAIMANT v. DENA CONSTRUCTION COMPANY,EMPLOYER, RESPONDENT and UNITED STATES FIDELITY AND GUARANTY COMPANY,INSURANCE CARRIER, RESPONDENT

ORDER

This case comes on for review before the Commission on respondent's motion to dismiss claimant's appeal to the Commission.

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

The Administrative Law Judge denied benefits in an opinion filed June 3, 1995. Respondent alleges that claimant failed to file an appeal within thirty days from the receipt of the Administrative Law Judge's opinion. Claimant's attorney received the Administrative Law Judge's opinion on June 8, 1995 and thirty days from this receipt fell on Saturday, July 8. Thus, claimant's appeal filed on July 10, the next regular business day, was timely filed.

Accordingly, we find that respondent's motion to dismiss claimant's appeal to the Commission should be, and hereby is, denied.

IT IS SO ORDERED.

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FONDREN v. DENA CONSTRUCTION COMPANY
(Sep 5, 1995)