David Otwell vs. Jerry Lynn Roberson

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H303124 DAVID OTWELL, EMPLOYEE CLAIMANT JERRY LYNN ROBERSON, EMPLOYER RESPONDENT EMPLOYERS PREFERRED INSURANCE CO., INSURANCE CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 5, 2025 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE FREDERICK S. “RICK” SPENCER, Attorney at Law, Mountain Home, Arkansas. Respondents represented by the HONORABLE JAMES A. ARNOLD, II, Attorney at Law, Fort Smith, Arkansas. ORDER The claimant has moved for an “EXTENSION TO FILE BRIEF” The Full Commission grants the motion. An administrative law judge filed an opinion on November 1, 2024. The administrative law judge found, “2. That the claimant has failed to satisfy the required burden of proof to show that an employer/employee carrier relationship existed on June 25, 2025, the date of the injury.” The claimant filed a timely notice of appeal, and the Clerk of the Commission established an initial briefing schedule. The Clerk of the Commission informed the parties, “Claimant’s brief will be due December 3, 2024.” The claimant then filed a timely request for a 30-day extension to file his brief,

OTWELL - H303124 2 and the respondents did not object. A Legal Support Specialist revised the briefing schedule and informed the parties, “Claimant’s brief will now be due 1/2/2025.” On December 20, 2024, counsel filed a MOTION FOR EXTENSION TO FILE BRIEF” and stated, “That as a result of his surgery on December 17, 2024 and due to the length of his recovery from said surgery, that is necessary for him to request this extension to file Claimant’s Brief.” The respondents state that they do not object to the requested extension. The Full Commission therefore grants the claimant’s motion filed December 20, 2024, and we direct the Clerk of the Commission to establish a final briefing schedule. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner