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 26, 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 moves to introduce “PERMANENT DISABILITY SOCIAL SECURITY ADMINISTRATION.” The respondents have filed an objection. The Full Commission denies the 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 affirmed and adopted the administrative law judge’s decision in an opinion filed March 9, 2022. The claimant appealed to the Arkansas Court of

WATKINS - G503430 G902279 G902281 & G903969 2 Appeals. In a Formal Order dated 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. There are currently no additional issues for the Full Commission to adjudicate in this matter. The claimant seeks to introduce into the record correspondence from the Social Security Administration dated April 28, 2023. However, the claimant has not demonstrated that this new evidence is relevant with regard to any past, present, or future issue before the Workers’ Compensation Commission. See Long v. Wal-Mart Stores, Inc., 98 Ark. App. 70, 250 S.W.3d 263. We find that said new evidence is inadmissible. The Full Commission therefore denies the claimant’s motion to introduce the April 28, 2023 correspondence from the Social Security Administration. IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner