LONG v. WAL-MART STORES, INC., 2005 AWCC 81

CLAIM NO. F309931

TONY LONG, EMPLOYEE, CLAIMANT v. WAL-MART STORES, INC., EMPLOYER, RESPONDENT, CLAIMS MANAGEMENT, INC., INSURANCE CARRIER/TPA, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 4, 2005

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

Claimant represented by the HONORABLE FREDERICK S. SPENCER, Attorney at Law, Mountain Home, Arkansas.

Respondents represented by the HONORABLE CURTIS L. NEBBEN, Attorney at Law, Fayetteville, Arkansas.

ORDER
The above-styled case is before the Full Commission pursuant to claimant’s motion to remand, suspension of the briefing schedule, or alternatively a motion to admit additional evidence and/or consider additional issues.

Claimant requests permission to submit affidavits that he alleges concern issues raised before the administrative law judge having to do with a constitutional argument. The record shows that an issue was raised before the administrative law judge concerning a continuance or non-suit.

Claimant asserts he has evidence in the form of affidavits that pertain to this issue. Those will be admitted so that he can make an argument to the Full Commission.

Since the purpose asserted by claimant is to properly present his issues raised below, it appears that we need the record to truly disclose what occurred below. See, Tackett v. First Savings of Arkansas, 306 Ark. 15, 810 S.W.2d 927 (1991). See also, A.R.A.P. 6. Thus, these affidavits will be made part of the record.

Claimant’s motion to remand is denied. Since he asserts that some parts of this issue did not arise until the opinion by the administrative law judge was issued, and he does not intend to re-litigate the compensability issue, there is no need for a remand on this issue.

Claimant’s motion for suspension of the briefing schedule is moot and the Clerk is directed to issue a new briefing schedule.

After our consideration of the claimant’s motions, the respondents’ response thereto and all other matters properly before the Commission, we find claimant’s motion to admit these affidavits should be granted but the motion to remand should be denied.

We hereby direct the Clerk of the Commission to establish a new briefing schedule.

IT IS SO ORDERED.

________________________________ OLAN W. REEVES, Chairman
________________________________ SHELBY W. TURNER, Commissioner
________________________________ KAREN H. McKINNEY, Commissioner