PATRICK v. WAL-MART STORES, INC., 1995 AWCC 127

CLAIM NO. E402344

PHYLLIS PATRICK, EMPLOYEE, CLAIMANT v. WAL-MART STORES, INC., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 13, 1995

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

Claimant represented by PATRICK D. STAUBER, Attorney at Law, Searcy, Arkansas.

Respondent represented by K. MAX KOONCE, II, Attorney at Law, Rogers, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission on claimant’s Motion for Reconsideration and Rehearing. After considering claimant’s motion, respondent’s response thereto, and all matters properly before this Commission, we deny claimant’s motion.

[3] On April 14, 1995, an Administrative Law Judge entered an order in this matter finding that claimant had failed to prove by a preponderance of the credible evidence that her carpal tunnel syndrome is a compensable injury within the meaning of the Arkansas Workers’ Compensation Act. Subsequently, claimant filed a timely Motion for Reconsideration and Rehearing asking that this matter be remanded to the Administrative Law Judge so that she could submit additional evidence. Claimant failed to offer or show the substance of the evidence she wished to introduce. [4] A.C.A. § 11-9-705 (c) provides that all evidence must be presented at the initial hearing by each party. Additional evidence will only be allowed at the discretion of the Commission. [5] After reviewing claimant’s motion, there is insufficient evidence to show that the alleged additional evidence offered by claimant could not have been discovered with reasonable diligence, prior to the initial hearing.Walker v. J.J. Pest Control, 6 Ark. App. 171, 639 S.W.2d 748
(1982). Therefore, we deny claimant’s motion. [6] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner

[7] Commissioner Humphrey dissents.