Waste Management & Transportation Insurance v. Estridge

I concur in the majority’s decision rejecting Waste Management’s argument that the appeal was not deemed filed until the payment of the filing fee to the clerk of the Arkansas Workers’ Compensation Commission. However, I must dissent from the majority’s decision rejecting Waste Management’s argument that the Commission’s failure to comply with Ark. Code Ann. § 11-9-711 (b)(1)(A) (Supp. 2003) means that this court should accept the tendered record because fault lies with the Commission.

Arkansas Code Annotated section 11-9-711 (b)(1) (A) provides:

The appeal to the court may be taken by fifing…