CLAIM NO. E712419
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JANUARY 14, 1999
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by DANIEL WREN, Attorney at Law, Little Rock, Arkansas.
Respondent represented by MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Commission on appeal from the decision of the Administrative Law Judge filed September 21, 1998. In his Opinion, the Administrative Law Judge stated that the parties agreed that the record would consist of the contents of the Commission’s file along with simultaneous briefs. However, in the Order filed by the Administrative Law Judge on August 17, 1998, the record was set out as follows:
The parties mutually agree that this matter can be submitted on simultaneous briefs to be filed no later than September 15, 1998, and the medical packet which respondent has previously submitted.
Accordingly, it is our opinion that the record which the parties agreed to is that as outlined in the Administrative Law Judge’s August 17, 1998 Order. However, from reviewing the file we are unable to determine which medical records constitute the medical packet previously submitted by respondent. Moreover, from reviewing the briefs submitted on appeal it appears that the parties are not in agreement with regards to what medical records actually constitute the record. Accordingly, prior to conducting a de novo review of the record, we must remand this claim to the Administrative Law Judge with instructions to expeditiously settle the record.
Once the record is settled, the Clerk of the Commission is instructed to place this file on the Commission’s docket. The Administrative Law Judge is hereby authorized to conduct whatever proceedings he deems necessary in order to settle the record.
IT IS SO ORDERED.
_______________________________
ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
Commissioner Humphrey concurs.