HAGER v. UNITED SANITATION, 1995 AWCC 168

CLAIM NO. E108726

RICHARD HAGER, EMPLOYEE, CLAIMANT v. UNITED SANITATION, EMPLOYER, RESPONDENT and FIREMAN’S FUND INSURANCE CO., CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 18, 1995

Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.

Claimant represented by BILL ETTER, Attorney at Law, Jonesboro, Arkansas.

Respondent represented by MARK MAYFIELD, Attorney at Law, Jonesboro, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission from respondent’s Motion to Submit Additional Evidence filed on July 3, 1995. After considering respondent’s motion, claimant’s response thereto, and all other evidence properly before the Full Commission, we deny respondent’s motion. Specifically, we find that respondent failed to offer sufficient proof to establish that the submitted evidence could not have been discovered or produced before the hearing with the exercise of due diligence. Therefore, as stated, we deny respondent’s motion.

[3] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner