CLAIM NO. E507526
MARY TUCKER, EMPLOYEE, CLAIMANT v. OAKS LODGE NURSING HOME, EMPLOYER, RESPONDENT and ALEXSIS RISK MANAGEMENT SERVICE, INSURANCE CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 27, 1997
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by JAMES A. ARNOLD, II, Attorney at Law, Fort Smith, Arkansas.
[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion to strike portions of claimant’s brief.
[3] An Administrative Law Judge denied the benefits requested by claimant. Although claimant was represented by an attorney at the hearing, she proceeds pro se on appeal. It appears that claimant has attached documents to her notice of appeal and appellant brief which were not introduced at the hearing by her attorney. Respondent has filed a motion requesting that the Commission not consider this additional evidence and that such evidence be stricken from the record.
[4] After our consideration of respondent’s motion and all other matters properly before the Commission, we find that respondent’s motion to strike portions of claimant’s brief should be denied.
[5] Ark. Code Ann. §
11-9-705 (c)(1)(A) (Repl. 1996) requires that all evidence be presented at the initial hearing before the Administrative Law Judge. Therefore, although we decline to strike claimant’s brief, we assure the parties that any evidence not submitted at the hearing before the Administrative Law Judge will not be considered on appeal.
[6] Accordingly, we find that respondent’s motion to strike portions of claimant’s brief should be, and hereby is, denied.
[7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner
