Court of Appeals

Decision Information

Decision Content

Cite as 2013 Ark. App. 614 ARKANSAS COURT OF APPEALS DIVISION II No. CV-13-487 ST. JOHNS REGIONAL HEALTH Opinion Delivered October 30, 2013 CENTER and SISTERS OF MERCY HEALTH APPEAL FROM THE ARKANSAS APPELLANTS WORKERS COMPENSATION COMMISSION V. [NO. G202264] GREGORY D. BARTLETT APPELLEE REBRIEFING ORDERED ROBIN F. WYNNE, Judge Appellee Gregory D. Bartlett worked for appellants as a paramedic when he injured his right knee on the evening of January 4, 2012. The Commission found that Bartlett had proved that he had sustained a compensable injury and that he was entitled to medical and temporary total-disability benefits; the employer now appeals, arguing that substantial evidence does not support the Commissions decision. We cannot reach the merits of appellants arguments because we must order rebriefing. First, the addendum does not include appellees medical records, which are instead abstracted. Rule 4-2(a)(8) of the Rules of the Arkansas Supreme Court and Court of Appeals requires that the addendum include any document essential to an understanding of the case and the issues on appeal.” We hold that the medical records in a workers compensation case in which compensability is at issue are essential to an understanding of the case and must be
Cite as 2013 Ark. App. 614 included in the addendum. In addition, we note that the abstract is not in first person, as required by Rule 4-2(a)(5)(B). Appellants have fifteen days from the date of this order to file a substituted brief that conforms with our rules. Ark. Sup. Ct. R. 4-2(b)(3). We emphasize that the examples we have noted are not to be taken as an exhaustive list of deficiencies; counsel should carefully review the rules and ensure that no other deficiencies exist. Rebriefing ordered. GLOVER and VAUGHT, JJ., agree. McAnany, Van Cleave & Phillips, P.C., by: Patricia L. Musick and Christopher S. Moberg, for appellants. Tolley & Brooks, P.A., by: Evelyn E. Brooks, for appellee. 2
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.