CLAIM NO. E612724
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 25, 1998
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by MARK MAYFIELD, Attorney at Law, Jonesboro, Arkansas.
Respondents represented by THOMAS MICKEL, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This case comes on for review before the Commission on respondent’s motion to supplement the record. [3] After our consideration of respondent’s motion, claimant’s objection thereto and all other matters properly before the Commission, we find that respondent’s motion should be denied. [4] An Administrative Law Judge found that claimant sustained a compensable injury and noted the absence of two witnesses who might have contradicted claimant’s testimony regarding notice of his injury. Respondent seeks to supplement the record with the parties’ prehearing filings, the prehearing order, a letter from claimant’s attorney serving a subpoena on Jeff Cagle, who testified at the hearing, and a letter from respondent’s attorney advising the Administrative Law Judge that respondents would call Tommie Puryear as a witness at the hearing. [5] As a general rule, the Commission has no difficulty allowing prehearing questionnaires or prehearing orders in the record as pleadings. However, respondent presented insufficient evidence to do so in this particular case. All parties agree that the witnesses in question were not called to testify and could have been if respondent thought their testimony was necessary. Further, respondent failed to indicate the substance of any testimony these witnesses may have given. [6] Accordingly, we find that respondent’s motion to supplement the record should be, and hereby is, denied. [7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner
[8] Commissioner Wilson dissents.