WOODS v. ALCOA, 1998 AWCC 242

CLAIM NO. E303250

ROY M. WOODS, EMPLOYEE, CLAIMANT v. ALCOA, SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 19, 1998

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

Claimant represented by the HONORABLE SILAS BREWER, Attorney at Law, Little Rock, Arkansas.

Respondent represented by the HONORABLE PHILLIP CARROLL, Attorneys at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on the respondent’s motion to supplement the record with a copy of the claimant’s claim filed with the Commission. After considering the respondent’s motion, the claimant’s agreement thereto, and all other matters properly before the Commission, we find that the respondent’s motion should be granted. The Clerk of the Commission is therefore directed to include a copy of the claimant’s claim form and a copy of this order in the record on appeal to the Arkansas Court of Appeals.

[3] In reaching our decision, we note that the respondent’s attorney enclosed with his June 9, 1998 letter-motion a “Stipulation of Parties” filed in four companion cases also on appeal to the Arkansas Court of Appeals. That stipulation document indicates that the parties agree that each of those four named claimants filed claims with the Commission on March 2, 1993. That document also asserts that, in preparing the record for the Court of Appeals, the Commission “overlooked” the respondent’s request in their notice of appeal to have the original claims forms in these four cases made a part of the record. However, we are compelled to point out that neither parties’ attorney offered into the record in these four claims at the hearing or before the Full Commission, the claims forms which the respondent’s notice of appeal sought to have designated as part of the record for review by the Court of Appeals in these four cases. Consequently, the Clerk of the Commission was not in a position to fulfill the request of the respondent in their notice of appeal to have designated as part of the record for the Court of Appeals documents which were not submitted into evidence before the Commission. See, Ark. R. App. Proc. (Civil) 6 7. We see no merit in the allegation of an “oversight” at the Commission level in the stipulation document.

[4] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[5] MIKE WILSON, Commissioner