{"id":"full_commission-H202720-2024-05-31","awcc_number":"H202720","decision_date":"2024-05-31","opinion_type":"full_commission","claimant_name":"William Middleton","employer_name":"L & L Metal Fabrication, Inc","title":"MIDDLETON VS. L & L METAL FABRICATION, INC. AWCC# H202720 MAY 31, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Middleton_William_H202720_20240531.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Middleton_William_H202720_20240531.pdf","text_length":2639,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H202720 \n \nWILLIAM L. MIDDLETON, \nEMPLOYEE \n \nCLAIMANT \nL & L METAL FABRICATION, INC.,  \nEMPLOYER \n \nRESPONDENT \nAMERISURE INSURANCE COMPANY, \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED MAY 31, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE MATTHEW J. KETCHAM, \nAttorney at Law, Fort Smith, Arkansas. \n \nRespondents represented by the HONORABLE KAREN H. McKINNEY, \nAttorney at Law, Little Rock, Arkansas. \n \n ORDER \n The respondents in the above-styled matter move the Full \nCommission to strike the claimant’s brief.  The Full Commission grants the \nrespondents’ motion.   \n An administrative law judge filed an opinion on November 30, 2023.  \nThe administrative law judge found that the claimant was “barred from \npursuing this matter because he elected a remedy in civil court and \nresolved that matter via settlement.”  The administrative law judge denied \nand dismissed the claim, and the claimant filed a timely notice of appeal to \nthe Full Commission.   \n\nMIDDLETON - H202720  2\n  \n \n \n The Clerk of the Commission thereafter establishing a briefing \nschedule for the parties.  The claimant subsequently requested a 30-day \nextension to which the respondents did not object.  A Legal Services \nSpecialist informed the parties, “Claimant’s brief will now be due 2/12/24.  \nRespondents’ brief will be due 2/26/24.  Claimant’s reply brief will be due \n3/4/24.”   \n The claimant’s brief was therefore due on Monday, February 12, \n2024.  The claimant did not file a brief until Wednesday, February 14, 2024.  \nThe respondents correctly state that the Clerk of the Commission's briefing \nschedule was “clear and unambiguous” and that the Full Commission \nshould consequently strike the claimant’s brief.   \n Because the claimant’s brief was not timely filed, the Full \nCommission grants the respondents’ motion to strike.  The Full Commission \naccepts the respondents’ brief, which was timely filed on February 26, \n2024.   \n The Full Commission directs the Clerk of the Commission to place \nthis matter on our submission docket, so that we may adjudicate a statutory \nde novo review.  The claimant’s brief filed February 14, 2024 is stricken and \nshall not be considered. \n \n \n\nMIDDLETON - H202720  3\n  \n \n \n IT IS SO ORDERED.    \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H202720 WILLIAM L. MIDDLETON, EMPLOYEE CLAIMANT L & L METAL FABRICATION, INC., EMPLOYER RESPONDENT AMERISURE INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED MAY 31, 2024","fetched_at":"2026-05-19T22:29:45.567Z","links":{"html":"/opinions/full_commission-H202720-2024-05-31","pdf":"https://labor.arkansas.gov/wp-content/uploads/Middleton_William_H202720_20240531.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}