MOORE v. CERTIFIED SYSTEMS, 2002 AWCC 21

CLAIM NO. E911079

CHARLES MOORE, EMPLOYEE, CLAIMANT v. PYRAMID CONSTRUCTION/ CERTIFIED SYSTEMS, INC., EMPLOYER, RESPONDENT, CUNNINGHAM LINDSEY INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JANUARY 23, 2002

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

Claimant appeared pro se.

Respondents represented by the HONORABLE MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes on for review before the Full Commission on claimant’s motions to hold respondent in contempt and to submit additional evidence.

After our consideration of claimant’s motion to hold respondent in contempt, respondent’s objection thereto, and all other matters properly before the Commission, we find that claimant’s motion must be denied.

Ark. Code Ann. § 11-9-705(c)(1)(A)and (C) (Supp. 2001) 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 and seeking to introduce 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).

In the present case, we find that claimant failed to prove that he exercised diligence in obtaining and seeking to introduce the evidence. Therefore, claimant’s motion to submit additional evidence is denied.

Accordingly, we find that claimant’s motions to hold respondent in contempt and to submit additional evidence should be, and hereby are, denied. Additionally, the Clerk of the Commission is directed to establish a briefing schedule forthwith.

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner