CLAIM NO. E419350
TERRY BEENE ON BEHALF OF BOBBY E. BEENE, DECEASED EMPLOYEE, CLAIMANT, v. UNION CAMP, EMPLOYER, RESPONDENT and LIBERTY MUTUAL INS. CO., CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 12, 1996
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by MICHAEL L. MURPHY, Attorney at Law, Conway, Arkansas.
Respondent represented by J. MICHAEL PICKENS, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This matter comes before the Full Commission on the claimant’s motion to introduce new evidence. After consideration of the claimant’s motion, the respondent’s response, and the claimant’s reply thereto, we find that the claimant’s motion to introduce new evidence should be denied.
[3] Ark. Code Ann. §
11-9-705 (c)(1) (Repl. 1996) provides that all evidence must be submitted at the initial hearing on the claim. In order to submit new evidence, the claimant must show that the evidence is relevant; that it is not cumulative; that it would change the result of the case; and that the moving party was diligent in presenting the evidence to the Commission. Haygood v. Belcher,
5 Ark. App. 127,
633 S.W.2d 391 (1982); Johnson v. American PulpwoodCo.,
38 Ark. App. 6,
826 S.W.2d 827 (1992).
[4] In the present claim, we find that the claimant was not diligent in obtaining the report from Dr. Watson. Dr. Watson’s report was dated May 6, 1996, some six months after the November, 1995 hearing. Furthermore, the May 6, 1996, report refers to a visit the claimant made to Dr. Watson on July 15, 1993. There is nothing in the record indicating that anything prevented the claimant from providing this report at the hearing. Furthermore, even if we were to find that the claimant was diligent in obtaining Dr. Watson’s report, we also find that there exists no evidence that Dr. Watson’s May 6, 1996, report would change the results of the Administrative Law Judge’s decision. The claimant had a long standing history of hypertension, organic heart disease, atherosclerotic heart disease and a history of ventricular arrhythmia. The claimant had a 40 year history as a smoker and was overweight. In addition, he had suffered three myocardial infarctions and three angioplasties prior to the fatal incident on December 12, 1994.
[5] Therefore, for the reasons discussed herein, we find that the claimant’s motion to introduce additional evidence should be, and hereby is, denied.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALICE L. HOLCOMB, Commissioner
[7] Commissioner Humphrey dissents.
