BUCHEN v. JAMES H. CONE, INC., 1994 AWCC 44

CLAIM NO. E313447

JAMES BUCHEN, EMPLOYEE CLAIMANT v. JAMES H. CONE, INC., EMPLOYER, RESPONDENT and HOME INSURANCE CO., CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 30, 1994

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

Claimant represented by GARY DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondent represented by R. KENNY McCULLOCH, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission from Claimant’s Motion for Remand, Reconsideration and/or Rehearing, and for Submission of Additional Evidence. After carefully considering claimant’s motion, respondent’s response thereto, and all matters properly before this court, we deny claimant’s motion.

[3] A hearing was held on January 28, 1994. As a result of said hearing, an Administrative Law Judge filed an Opinion and Order on April 26, 1994. The Administrative Law Judge denied claimant’s claim maintaining that claimant failed to meet his burden of proof under the provision of A.C.A. § 11-9-102. [4] Claimant filed this motion maintaining that the Administrative Law Judge erred in her interpretation of the law. However, we find that claimant’s appropriate remedy lies in the appellate process. Therefore, we deny claimant’s motion. [5] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner