CLAIM NO. E902324
Before the Arkansas Workers’ Compensation Commission
ORDER FILED January 25, 2001.
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE DALE GRADY, Attorney at Law, Bryant, Arkansas.
Respondents represented by HONORABLE FRANK NEWELL, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Full Commission on multiple motions filed by claimant.
We dispose of the motions in the following manner:
(1) Motion to Extend/Modify Briefing Schedule is moot because the Clerk of the Commission has already suspended the briefing schedule pending resolution of these motions.
(2) Motion to Join Bush (Bushman) Court Reporting as a party respondent is hereby denied.
(3) Motion to Remand to Another Law Judge is hereby denied.
(4) Motion to Stay Proceedings to Prevent Irreparable Harm is hereby denied for the same reason expressed in number (1) above.
(5) Motion to Complete (Settle) the Record is hereby remanded to the ALJ for appropriate action.
(6) Motion to Admit New Evidence is hereby denied.
(7) Second Motion to Remand to Another Law Judge is hereby denied.
(8) Request/Motion for Oral Arguments is hereby denied.
A hearing was held before an Administrative Law Judge on October 24, 2000. On November 15, 2000, the ALJ denied this claim on a general finding that claimant did not sustain a compensable injury. Dr. Thomas M. Hart’s deposition is not mentioned anywhere in this opinion. Further, a review of the transcript does not reveal any conversation concerning this deposition. However, counsel for respondent does not seem to deny that the ALJ was willing to allow the deposition into evidence as long as it was received by October 26, 2000. The deposition has been file marked as received by the Commission on October 26, 2000.
Since there is no conversation in the record concerning this deposition and the ALJ did not mention it in his opinion, we remand this matter to the ALJ to settle the record. In his Order on remand, the ALJ shall make findings concerning whether Dr. Hart’s deposition is part of the record and any additional findings he believes are necessary to best ascertain the rights of the parties in the event the deposition should have been part of the record and if the ALJ inadvertently failed to consider it. Thereafter, the Clerk of the Commission shall set another briefing schedule, as well as a date of submission on the merits or for any additional motions the parties may wish to file.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner