Strother v. LaCroix Optical (Majority)
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Cite as 2013 Ark. App. 558 ARKANSAS COURT OF APPEALS DIVISION III No. CV-13-240 Opinion Delivered PENNY STROTHER APPELLANT October 2, 2013 APPEAL FROM THE ARKANSAS WORKERS COMPENSATION COMMISSION, [No. F406963] V. LACROIX OPTICAL, MASSACHUSETTS BAY INSURANCE COMPANY, AND DEATH & PERMANENT TOTAL DISABILITY TRUST FUND APPELLEES SUPPLEMENTATION OF THE ADDENDUM ORDERED WAYMOND M. BROWN, Judge Appellant appeals from the Arkansas Workers Compensation Commission s (Commission) reversal of the administrative law judge s (ALJ) finding that appellant was permanently and totally disabled. On appeal, appellant argues that (1) the Commission s reversal was unsupported by substantial evidence and (2) the Arkansas Workers Compensation Act is unconstitutional in violation of her right to substantive and procedural due process. Because appellant has submitted a brief without a proper addendum in violation of Ark. Sup. Ct. R. 4-2(a)(8)(A)(i), 1 we order appellant to submit a supplemental addendum. 1 (2012). Cite as 2013 Ark. App. 558 Rule 4-2(a)(8)(A)(i) requires the addendum to include all items that are essential for the appellate court to understand the case and to decide the issues on appeal, including exhibits such as CDs and DVDs. In its opinion and order reversing the ALJ s findings as to whether appellant was permanently and totally disabled, the Commission relies, in part, on surveillance video of appellant that showed no apparent difficulties involving claimant s upper extremities or any other part of her body. This video, though in the record, is not in the addendum. Accordingly, we order appellant to file a supplemental addendum to provide the video exhibit to the members of the court within seven calendar days from the date of this opinion.2 We strongly encourage appellate counsel, prior to filing the supplemental addendum, to review our rules, as well as the record and addenda, to ensure that no additional deficiencies are present. Supplementation of the addendum ordered. HARRISON and WYNNE, JJ., agree. Frederick S. Rick Spencer, for appellant. Friday, Eldredge & Clark, LLP, by: Guy Alton Wade and Travis J. Fowler, for appellee. 2 Ark. Sup. Ct. R. 4-2(b)(4). 2
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