Cite as 2013 Ark. App. 558
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-13-240
Opinion Delivered October 2, 2013
PENNY STROTHER APPEAL FROM THE ARKANSAS
APPELLANT WORKERS’ COMPENSATION
COMMISSION, [No. F406963]
V.
LACROIX OPTICAL,
MASSACHUSETTS BAY INSURANCE
COMPANY, AND DEATH &
PERMANENT TOTAL DISABILITY
TRUST FUND SUPPLEMENTATION OF THE
APPELLEES 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.
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(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.
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Ark. Sup. Ct. R. 4-2(b)(4).
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