PUCKETT v. TARGET STORES, INC., 1998 AWCC 287

CLAIM NO. E702801

SHEILA PUCKETT, EMPLOYEE, CLAIMANT v. TARGET STORES, INC., EMPLOYER, RESPONDENT and TRAVELERS INSURANCE CO., CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 31, 1998

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

Claimant represented by STEVEN R. DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondent represented by PHILLIP CUFFMAN, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter is currently before the Full Commission on claimant’s Motion to Supplement the Record. After considering claimant’s motion, respondent’s response thereto, and all other matters properly before the Commission, we find that claimant’s motion must be denied. [3] Ark. Code Ann. § 11-9-705(c)(1) provides that all evidence must be submitted at the initial hearing on the claim. In order to submit new evidence, the claimant must show that the new evidence is relevant; that it is not cumulative; that it would change the result of the case; and that he was diligent in presenting the evidence to the Commission. 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). [4] Claimant had ample opportunity to compile all relevant evidence necessary to prove her case prior to the hearing in this claim. There has been no showing that the new evidence is relevant, that it would change the results of the claim or that claimant acted diligently in obtaining it. Moreover, to allow claimant to introduce this newly generated evidence would deprive respondent of its right of cross-examination. [5] Once a decision has been rendered against a party, the party cannot come back and attempt to prove her case on appeal with additional evidence. Accordingly, for those reasons set forth herein, we find that claimant’s motion to submit additional evidence must be denied. [6] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner

[7] Commissioner Humphrey dissents.