CLAIM NO. E115092
NANCY TATUM, EMPLOYEE, CLAIMANT v. INTERNATIONAL PAPER COMPANY, SELF-INSURED EMPLOYER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER JUNE 10, 1994
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by ZAN DAVIS, Attorney at Law, Little Rock, Arkansas.
Respondent represented by MICHAEL J. DENNIS, Attorney at Law, Pine Bluff, Arkansas.
[1] ORDER
[2] This case comes on for review before the Commission on claimant’s motion to submit additional evidence.
[3] After our consideration of claimant’s motion, respondent’s objection thereto and all other matters properly before the Commission, we find that claimant’s motion should be granted.
[4] At the hearing, a primary concern was whether claimant injured her left shoulder during the 1991 injury and the extent of her complaints related thereto. Claimant had propounded a request for production of documents and interrogatories to the respondent seeking all medical records in respondent’s possession and asking respondent to supplement this information as additional information became available. Respondent never provided claimant with the documents attached to claimant’s motion from the employer’s health care facility indicating complaints concerning her shoulders. Claimant’s attorney did not discover the existence of these documents until after the hearing. Based on this evidence, we grant claimant’s motion to submit the additional evidence for consideration by the Commission.
[5] It is not controlling that claimant might have had access to these documents and might have been allowed to copy them on request. The documents were in the sole possession of respondent and respondent had received a request for production of any documents of this nature that might become available before the hearing.
[6] Accordingly, we find that claimant’s motion to submit additional evidence should be, and hereby is, granted. Therefore, pages 4 and 5 of claimant’s individual medical records maintained by respondent are respectively designated as Commission Exhibits 1 and 2.
[7] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner
[8] Commissioner Tatum dissents.
