POWELL v. TYSON FOODS, INC., 1998 AWCC 129

CLAIM NO. E501871

DANNY POWELL, EMPLOYEE, CLAIMANT v. TYSON FOODS, INC., SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 2, 1998

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

Claimant represented by DAVID LASHFORD, Attorney at Law, Texarkana, Texas.

Respondent represented by J. DAVID WALL, Attorney at Law, Fayetteville, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion to strike claimant’s brief. [3] After our consideration of respondent’s motion, claimant’s response thereto and all other matters properly before the Commission, we find that respondent’s motion should be denied. [4] At the hearing the Administrative Law Judge refused to admit into evidence a November 13, 1997 medical report prepared by Dr. Robert Dunn. In his brief to the Commission, claimant refers to this excluded report and attaches a copy of it to the brief. Notwithstanding our denial of respondent’s motion, we want to assure the parties that we will not consider any improperly submitted evidence during our de novo review of the record. [5] Accordingly, we find that respondent’s motion to strike claimant’s entire brief should be, and hereby is, denied. [6] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner