Clark v. Mickey's Special Affairs Inc.

Cite as 2015 Ark. App. 168
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-14-781
Opinion Delivered March 11, 2015
DEBRA CLARK APPEAL FROM THE ARKANSAS
APPELLANT WORKERS’ COMPENSATION
COMMISSION
V. [NO. G210725]
MICKEY’S SPECIAL AFFAIRS, INC.,
AND STATE FARM FIRE & REMANDED FOR
CASUALTY CO. SUPPLEMENTATION OF THE
APPELLEES RECORD AND ADDENDUM
BRANDON J. HARRISON, Judge
Debra Clark appeals the decision of the Arkansas Workers’ Compensation
Commission (the Commission) that found she did not prove (1) that she suffered
compensable injuries to her back, right shoulder, or right knee; (2) entitlement to
reasonable and necessary medical treatment of her back, right shoulder, or right knee; (3)
entitlement to additional treatment of her cervical spine; and (4) entitlement to additional
temporary-total disability (TTD) benefits. She generally argues that the Commission’s
decision is not supported by substantial evidence. We cannot reach the merits of her
appeal due to deficiencies in the record and addendum.
In workers’ compensation cases, a compensation order or award of an
administrative law judge (ALJ) or a single commissioner becomes final unless a party to the
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Cite as 2015 Ark. App. 168
dispute, within thirty days from the receipt by him or her of the order or award, petitions
in writing for a review by the full commission of the order or award. Ark. Code Ann. §
11-9-711(a)(1) (Repl. 2012). Likewise, an order or award of the Commission becomes
final unless a notice of appeal is filed within thirty days from the date of the receipt of the
order or award of the Commission. Ark. Code Ann. § 11-9-711(b)(1)(A). The timely
filing of a notice of appeal is jurisdictional. U.S. Bank v. Milburn, 352 Ark. 144, 100
S.W.3d 674 (2003).
The record in this case does not contain the return receipt of the ALJ’s order; thus
it cannot be known from a review of the record whether the appeal to the Commission
was timely. Therefore, we direct the Commission to supplement the record to include
this return receipt within thirty days from the entry of this order.
In addition, our rules clearly state that the addendum shall contain documents in
the record on appeal that are essential for the appellate court to confirm its jurisdiction, to
understand the case, and to decide the issues on appeal. Ark. Sup. Ct. R. 4-2(a)(8) (2014).
Here, the notices of appeal from the ALJ to the Commission and from the Commission to
this court are included in the record, but they are not included in the addendum. And
once the record is supplemented to include the missing return receipt, it will need to be
placed in the addendum. Clark has seven days after the record is supplemented to file a
supplemental addendum. Ark. Sup. Ct. R. 4-2(b)(4).
Remanded for supplementation of the record and addendum.
WHITEAKER and VAUGHT, JJ., agree.
Debra Clark, pro se appellant.
Worley, Wood & Parrish, P.A., by: Melissa Wood, for appellees.
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