BRIDGES v. ALUMAX, INC., 2008 AWCC 66

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 JUNE 17, 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 Respondent’s Motion to Strike Intervenor’s Reply Brief and Memorandum Brief in Support. Respondent’s Motion to Strike Intervenor’s Reply Brief also requests that the Full Commission dismiss Intervenor’s appeal in its entirety. The Intervenor has filed a response objecting to

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Respondent’s Motion. After considering Respondent’s Motion, Respondent’s Memorandum Brief in Support, Intervenor’s response thereto, and all other matters properly before the Commission, we find that Respondent’s Motion should be denied.

In its Motion and Memorandum Brief in Support, Respondent argues that the Intervenor’s Brief provided no argument or basis to support overturning the findings of the Administrative Law Judge set forth in an Opinion dated February 11, 2008. Respondent further argues that the Intervenor’s Reply Brief set forth arguments not set out in the initial Intervenor’s Brief.

Notwithstanding our denial of Respondent’s motion, we want to assure the parties that we will not consider any improperly raised issues or any improperly raised arguments during our de novo review of the record.

Accordingly, we find that Respondent’s Motion to Strike Intervenor’s Reply Brief and Respondent’s request for dismissal of Intervenor’s Appeal should be and hereby are, denied.

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IT IS SO ORDERED.

_______________________________ OLAN W. REEVES, Chairman

_______________________________

PHILIP A. HOOD, Commissioner

Commissioner McKinney dissents.

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