CLAIM NO. E603767
Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 11, 1998
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented Pro Se.
Respondent represented by AMY BRAZIL, Attorney at Law, Conway, Arkansas.
[1] ORDER[2] This matter is currently before the Commission on claimant’s motion to submit additional evidence. After reviewing the claimant’s motion, respondent’s response thereto, and all other matters properly before the Commission, we find that the 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] The information which claimant now seeks to introduce was readily available to the claimant prior to the hearing. Although claimant appeared pro se at the hearing, claimant was made aware that all documentary evidence was to be submitted prior to the hearing. After claimant explained why he was unable to bring all the evidence to the hearing, the Administrative Law Judge did leave the record open for one week for the claimant to submit his evidence. Claimant introduced some evidence at that time, but now wishes to submit additional evidence. A review of claimant’s proposed exhibits reveals that the evidence does not satisfy the four part test to introduce newly discovered evidence. Most importantly, we find that claimant has failed to show that he was diligent in presenting the evidence to the Commission. Therefore, we find that claimant’s motion to submit additional evidence should be denied. [5] IT IS SO ORDERED.
Eldon Coffman, Chairman Mike Wilson, Commissioner
[6] Commissioner Humphrey dissents.