ASH v. HIPP MODERN BUILDERS, LLC, 2009 AWCC 121

CLAIM NO. F506781

JOHNNY L. ASH, EMPLOYEE CLAIMANT v. HIPP MODERN BUILDERS, LLC, EMPLOYER RESPONDENT TWIN CITY FIRE INS. CO., INSURANCE CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 8, 2009

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant represented by the HONORABLE FREDERICK SPENCER, Attorney at Law, Mountain Home, Arkansas.

Respondents represented by the HONORABLE TOM HARPER, JR., Attorney at Law, Fort Smith, Arkansas.

ORDER
This matter comes on for review before the Commission on respondent’s Motion to Strike Portions of Claimant’s Brief to the Full Commission. After our consideration of respondent’s motion, the claimant’s lack of response thereto and all other matters properly before the Commission, we find that the respondent’s

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motion should be granted.

The claimant’s Exhibit A was not introduced into evidence at the hearing before the Administrative Law Judge on January 21, 2009 and it, and all references thereto, are hereby stricken from the claimant’s brief. The claimant’s Exhibit B was not introduced into evidence at the hearing before the Administrative Law Judge on January 21, 2009 and it, and all references thereto, are hereby stricken from the claimant’s brief. The claimant’s Exhibit C was not introduced into evidence at the hearing before the Administrative Law Judge on January 21, 2009 and it, and all references thereto, are hereby stricken from the claimant’s brief. The claimant’s Exhibit D was not introduced into evidence at the hearing before the Administrative Law Judge on January 21, 2009 and it, and all references thereto, are hereby stricken from the claimant’s brief. Additionally, as the claimant’s attorney’s website was not introduced into evidence at the hearing before the Administrative Law Judge on January 21, 2009, all references thereto are hereby stricken from the

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claimant’s brief.

Although granting the respondent’s Motion, we take this opportunity to assure the claimant that the entire record is reviewed de novo and the claimant’s entire hearing testimony will be considered on appeal, together with any arguments made with regard to evidence properly before the Full Commission.

IT IS SO ORDERED.

_______________________________ A. WATSON BELL, Chairman
_______________________________ KAREN H. McKINNEY, Commissioner
_______________________________ PHILIP A. HOOD, Commissioner

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