CLAIM NO. F211758
Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 10, 2004
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by HON. EDDIE H. WALKER, JR., Attorney at Law, Fort Smith, Arkansas.
Respondent represented by HON. E. DIANE GRAHAM, Attorney at Law, Fort Smith, Arkansas.
ORDER
Presently before the Commission is claimant’s motion to Submit New Evidence. After consideration of claimant’s motion, respondent’s response thereto, and all other matters properly before the Commission, we find that claimant’s motion must be and hereby is denied.
Haygood v. Belcher, 5 Ark. App. 127, 633 S.W.2d 391 (1982) sets forth the prerequisites for remand by the Full Commission on proffer to present newly discovered evidence: (1) The newly discovered evidence must be relevant; (2) it must not be cumulative; (3) it must change the result; and (4) the party seeking to introduce the evidence must be diligent. We find that the claimant has failed to meet these prerequisites.
Claimant contends that an October 23, 2004, Neuropsychological Evaluation report prepared by Dr. Douglas Brown was not available at the time of the hearing and that it contains probative material that should be considered. The sole issue for determination by the Administrative Law Judge at the hearing was whether the claimant was entitled to additional temporary total disability benefits for her compensable injury. Claimant presented numerous medical and psychological reports at the hearing including a report from Dr. Brown. This “new evidence” of Dr. Brown’s most recent report, while indicating improvement, is merely corroborative of his previous report in which he offered a speculative causation opinion. Moreover, Dr. Brown’s report which the claimant now seeks to introduce as “new evidence” does not address the claimant’s ability or inability to work. Accordingly, we cannot find that this “new evidence” will change the results of the Administrative Law Judge’s findings. Therefore, we find that claimant’s motion to submit additional evidence is hereby denied.
IT IS SO ORDERED.
_________________________________ OLAN W. REEVES, Chairman
_________________________________ KAREN H. McKINNEY, Commissioner
Commissioner Turner dissents.