A method and apparatus are disclosed. The apparatus comprises a wireless transceiver and a processor. The apparatus transmits a data packet via a primary cell and a non-primary cell, the primary cell and the non-primary cell, wherein the data packet is sent via the primary cell and the non-primary cell over an enhanced uplink (EU) channel. On a condition that the transmitted data packet is not successfully decoded by the primary cell and also not successfully decoded by the non-primary cell, the apparatus receives a negative acknowledgement (NACK) signal from the primary cell and not receiving the NACK signal from the non-primary cell and retransmits the data packet in response to receiving the NACK signal from the primary cell even though the NACK signal was not received from the non-primary cell.