CLAIM NO. F812331
Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 30, 2010
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE WILLIAM FRYE, Attorney at Law, North Little Rock, Arkansas.
Respondents represented by the HONORABLE RICHARD SMITH, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Full Workers’ Compensation Commission on Claimant’s Motion to Strike Respondent’s Brief or Portions Thereof. The Respondent has filed a response objecting to Claimant’s Motion. After considering Claimant’s Motion and Respondent’s Response to Claimant’s Motion to Dismiss All or Part of Respondent’s Brief, and all other matters properly before the Commission, we find that Claimant’s Motion should be granted.
The claimant’s argument that simply because these cases
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were companion cases, in that they involved the same parties, does not mean that the Respondent may raise arguments raised in the companion case, but not in the instant claim, is well taken. We agree that the respondent should only be allowed to raise arguments that were before the Administrative Law Judge in Claim No. F812331. Claim No. F811794 was not appealed and is res judicata. Simply put, Claim No. F8112794 is not before the Commission and cannot be argued in the appeal of Claim No. F812331.
Accordingly, we find that Claimant’s Motion to Strike Respondent’s Brief or Portions Thereof, should be granted to the extent that Respondent’s Brief refers to Claim Number F811794. Notwithstanding our decision to not strike Respondent’s entire brief, 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.
IT IS SO ORDERED.
________________________________ A. WATSON BELL, Chairman
________________________________ PHILIP A. HOOD, Commissioner
Commissioner McKinney dissents.
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