BRIDGES v. ALUMAX, 2008 AWCC 24

CLAIM NOS. E214467 E216882

ROD BRIDGES, EMPLOYEE CLAIMANT v. ALUMAX, INC. RESPONDENT CONTINENTAL INSURANCE CO., INSURANCE CARRIER/TPA RESPONDENT DALE GRADY, ATTORNEY AT LAW INTERVENOR

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 13, 2008

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

Claimant represented by Honorable Michael W. Boyd, Attorney at Law, Pine Bluff, Arkansas.

Respondent No. 1 represented by Honorable Guy A. Wade, Attorney at Law, Little Rock, Arkansas.

Intervenor HONORABLE DALE GRADY on his own behalf.

ORDER
This matter is currently before the Full Workers’ Compensation Commission on Intervenor’s Motion regarding Intervenor’s Post-Hearing Exhibit. The Administrative Law Judge denied Intervenor’s Motion to

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make the Post Hearing Exhibit part of the record. Intervenor contends in his Motion that the proffered Post Hearing exhibit should either be considered by the Full Commission as part of the record, or the Full Commission should remand the case to the Administrative Law Judge with the instructions that the ALJ should consider the proffered evidence. The Respondent has filed a response objecting to Intervenor’s Motion. After considering Intervenor’s Motion, Respondent’s Response thereto, and all other matters properly before the Commission, we find that Intervenor’s Motion should be granted in part, and denied in part.

The majority of the documents in the proffered Post Hearing Exhibit appear to pertain to payments of medical mileage and Intervenor’s attorney fee on medical mileage. The issue of past-due mileage payments was specifically reserved by the parties, and was not addressed by the Administrative Law Judge. Therefore, the majority of the documents in Intervenor’s Post Hearing Exhibit pertain to an issue not currently on appeal, and were properly not made a part of the record. However, the issues ruled on by the Administrative Law Judge, including additional medical treatment,

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penalties, interest, contempt and double maximum attorney fees, and Intervenor’s entitlement to attorney fees thereon, are issues properly before the Full Commission on appeal. Therefore, two pages of Intervenor’s Post Hearing Exhibit appear to be directly relevant, and should have been made part of the record: Intervenor’s Exhibit B, a check from CNA to Attorney Dale Grady, date of issuance, October 10, 2007, and Intervenor’s Exhibit I, a letter from Stark Ligon, Executive Director of the Supreme Court of Arkansas Office of Professional Conduct to Attorney Dale Grady, dated November 2, 2007.

Accordingly, we find that Intervenor’s Motion requesting that the Post Hearing Brief be considered as part of the record on appeal, should be granted as to Intervenor’s Exhibit B, and Intervenor’s Exhibit I, and denied as for all other documents contained in Intervenor’s Post Hearing Exhibit.

IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman

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_______________________________ KAREN H. McKINNEY, Commissioner
_______________________________ PHILIP A. HOOD, Commissioner

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