{"id":"full_commission-H300809-2024-11-15","awcc_number":"H300809","decision_date":"2024-11-15","opinion_type":"full_commission","claimant_name":"April Bennett","employer_name":"Fayetteville Public Schools","title":"BENNETT VS. FAYETTEVILLE PUBLIC SCHOOLS AWCC# H300809 November 15, 2024","outcome":"denied","outcome_keywords":["remanded:3","denied:4"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Bennett_April_H300809_20241115.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Bennett_April_H300809_20241115.pdf","text_length":3698,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H300809 \n \nAPRIL BENNETT, \nEMPLOYEE \n \nCLAIMANT \nFAYETTEVILLE PUBLIC SCHOOLS,  \nEMPLOYER \n \nRESPONDENT \nARKANSAS SCHOOL BOARDS ASSOCIATION, \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED NOVEMBER 15, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE EVELYN E. BROOKS, Attorney \nat Law, Fayetteville, Arkansas. \n \nRespondents represented by the HONORABLE JAMES A. ARNOLD, II, \nAttorney at Law, Fort Smith, Arkansas. \n \n \n ORDER \n In the above-styled matter, the claimant has filed a MOTION TO \nREMAND CLAIM FOR THE PURPOSE OF TAKING ADDITIONAL \nEVIDENCE.  The Full Commission denies the motion.     \n The parties stipulated that the employment relationship existed on \nFebruary 28, 2021.  The claimant contended that she “sustained a \ncompensable occupational injury/illness when exposed to mold while \nworking.\"  The respondents contended that “the claimant’s condition does \nNOT meet the definition of either a compensable injury or compensable \noccupational illness.”  After a hearing, an administrative law judge filed an \nopinion on August 12, 2024.  The administrative law judge found that the \n\nBENNETT - H300809  2\n  \n \n \nclaimant “has failed to prove by a preponderance of the evidence that she \nsustained a compensable occupational illness to her body as a whole due \nto exposure to mold in the workplace on or about February 28, 2021.”  The \nadministrative law judge therefore denied the claim, and the claimant filed a \ntimely notice of appeal.   \n The claimant now seeks to remand the claim to the administrative \nlaw judge “for the purpose of taking additional evidence.”  The respondents \noppose the claimant’s motion to remand.  The following are prerequisites by \nthe Full Commission on proffer to present newly discovered evidence:  (1)  \nthe newly discovered evidence must be relevant; (2)  it must not be \ncumulative; (3)  it must change the result; and (4)  the party seeking to \nintroduce the new evidence must be diligent.  Quinn v. Webb Wheel, 52 \nArk. App. 208, 915 S.W.2d 740, citing Haygood v. Belcher, 5 Ark. App. 127, \n633 S.W.2d 391 (1982).   \n In the present matter, the claimant seeks to introduce into the record \nthe results of a Lab Analysis Report dated March 16, 2022.  The claimant \nasserts that the Lab Analysis Report demonstrates that the claimant’s home \nwas “clear of mold.”  Nevertheless, the Full Commission finds that the \ninformation in the Lab Analysis Report will not change the result of our \nadjudication with regard to whether or not the claimant sustained a \ncompensable occupational illness.  In addition, the claimant has not been \n\nBENNETT - H300809  3\n  \n \n \ndiligent in presenting the new evidence.  There is no probative evidence \nsupporting the claimant’s assertion that alleged “brain fog” caused the \nclaimant’s delay in presenting the results of the Lab Analysis Report to the \nCommission. \n The Full Commission therefore denies the claimant’s MOTION TO \nREMAND CLAIM FOR THE PURPOSE OF TAKING ADDITIONAL \nEVIDENCE.  We direct the Clerk of the Commission to establish a briefing \nschedule with regard to the claimant’s appeal of the administrative law \njudge’s opinion filed August 12, 2024.  The Full Commission’s subsequent \nde novo review will include exclusively the evidence, exhibits, and \ntestimony submitted into the record on May 14, 2024.   \n IT IS SO ORDERED.   \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n     \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n \n \nCommissioner Willhite dissents.","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H300809 APRIL BENNETT, EMPLOYEE CLAIMANT FAYETTEVILLE PUBLIC SCHOOLS, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED NOVEMBER 15, 2024","fetched_at":"2026-05-19T22:29:44.814Z","links":{"html":"/opinions/full_commission-H300809-2024-11-15","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Bennett_April_H300809_20241115.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}