Prock v. Bull Shoals Boat Landing

by
Appellant filed a claim for benefits associated with an injury he received during his employment. The Arkansas Workers' Compensation Commissioned denied the claim based on a finding that Appellant tested positive for controlled substances after the injury and that he failed to rebut the statutory presumption that his injury was substantially occasioned by his drug use. Appellant appealed, arguing that the Commission's decision was not supported by substantial evidence and that the Commission lacked the authority to make credibility determinations contrary to those made by an ALJ. Currently before the Supreme Court was Defendant's motion to supplement the record with affidavits and depositions that Appellant attached to a brief he previously filed. The Supreme Court remanded to the Commission to settle the record to determine whether the documents were actually placed in the record. View "Prock v. Bull Shoals Boat Landing" on Justia Law