CLAIM NO. F710964
Before the Arkansas Workers’ Compensation Commission
OPINION FILED SEPTEMBER 11, 2009
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears Pro Se.
Respondent represented by the HONORABLE DAVID C. JONES, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is presently before the Full Commission on the Respondent’s Motion to Exclude Evidence filed with the Commission on August 25, 2009. From the motion, the claimant’s response thereto, and other matters of law and fact, known or made known to the Commission, the Commission finds as follows:
1. This Commission has jurisdiction of the parties and subject matter of this claim.
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2. A hearing was held in this matter on May 6, 2009 and the Administrative Law Judge entered his Opinion on June 2, 2009.
3. The claimant has attempted to supplement the appellant record with documentary evidence which she possessed before the May 6, 2009 hearing and before the June 2, 2009 opinion.
4. Specifically, the claimant is apparently attempting to supplement the record with both a July 2, 2009 letter from Ms. Cheryl Cobb with Reliance Standard, as well as a document (dated September 10, 2007) from Reliance Standard entitled “How to File a Claim”.
5. According to Ark. Code Ann. § 11-9-704(c) and Ark. Code Ann. § 11-9-705(C)(1)(A)-(B) and Ark. Code Ann. § 11-9-704(c)(3), the Full Commission finds that the attempt to supplement the record is not timely.
Therefore the Respondent’s Motion to Exclude Evidence and Incorporated Brief, should be, and hereby is granted.
The Clerk is directed to issue another briefing schedule.
IT IS SO ORDERED.
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___________________________________ A. WATSON BELL, Chairman
___________________________________ KAREN H. McKINNEY, Commissioner
Commissioner Hood dissents.
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