Byron Watkins vs. L.A. Darling Company, LLC

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NOS. G503430 G902279 G902281 & G903969 BYRON D. WATKINS, EMPLOYEE CLAIMANT L.A. DARLING COMPANY, LLC., EMPLOYER RESPONDENT TRAVELERS INSURANCE COMPANY, INSURANCE CARRIER/TPA DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 1 RESPONDENT NO. 2 OPINION FILED MAY 5, 2023 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant appeared pro se. Respondents No. 1 represented by the HONORABLE R. SCOTT ZUERKER, Attorney at Law, Fort Smith, Arkansas. Respondents No. 2 represented by the HONORABLE CHRISTY L. KING, Attorney at Law, Little Rock, Arkansas. ORDER The claimant in the above-styled matter has filed an “Appeal” entitled “Objections of the Judge’s Opinion with Prejudice.” The claimant asks the Full Commission to “disregard” the administrative law judge’s opinion, and the claimant asks the Full Commission to allow introduction of photographs. The Full Commission denies the claimant’s motion. An administrative law judge filed an opinion on June 25, 2021. The administrative law judge found, among other things, that the claimant did not prove he was entitled to additional benefits. The Full Commission

WATKINS - G503430, G902279, G902281 & G903969 2 affirmed and adopted the administrative law judge’s decision in an opinion filed March 9, 2022. The claimant appealed to the Arkansas Court of Appeals. In a Formal Order February 22, 2023, the Court of Appeals granted the respondents’ motion to dismiss the claimant’s appeal. Watkins v. L.A. Darling Co., CV-22-451. In a Formal Order entered March 29, 2023, the Court of Appeals denied a motion by the claimant “to not dismiss case.” Watkins v. L.A. Darling Co., CV-22-451. When deciding any issue, the Commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of the evidence. Ark. Code Ann. §11-9-704(c)(2)(Repl. 2012). In the present matter, the claimant has not submitted any probative evidence demonstrating that the Full Commission should disregard the prior opinion of the administrative law judge, or that the Full Commission should allow submission of new photographs. The Full Commission therefore denies the claimant’s motion. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner