CLAIM NO. E808200
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 11, 1999
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.
Respondents represented by ANGELA DOSS, Attorney at Law, Fayetteville, Arkansas.
[1] ORDER[2] This case comes on for review before the Commission on claimant’s motion to submit additional evidence. [3] After our consideration of claimant’s motion, respondent’s objection thereto and all other matters properly before the Commission, we find that claimant’s motion should be denied. [4] Ark. Code Ann. § 11-9-705(c)(1)(A) (Repl. 1996) provides that all evidence shall be presented by each party at the initial hearing and that additional evidence shall be allowed only at the discretion of the Commission. In the exercise of this discretion, we must consider whether claimant has proven that the additional evidence is relevant; that it is not cumulative; that it would change the results; and that claimant exercised diligence in obtaining the evidence. Mason v.Lauck, 232 Ark. 891, 340 S.W.2d 575 (1960); Haygood v.Belcher, 5 Ark. App. 127, 633 S.W.2d 391 (1982). Claimant seeks to introduce into the record a November 20, 1998 report by Dr. James F. Moore concerning the cause of claimant’s carpal tunnel syndrome. We find that claimant failed to act diligently in obtaining this documentary evidence. [5] Accordingly, we find that claimant’s motion to submit additional evidence should be, and hereby is, denied. [6] IT IS SO ORDERED. [7] ______________________________
ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
[8] Commissioner Humphrey dissents.