Opinion
No. CA11-859
05-30-2012
TOMMY R. KIMBLE APPELLANT v. HINO MOTORS MFG. USA, INC., TOKIO MARINE MGMT., and DEATH & PERMANENT TOTAL DISABILITY FUND APPELLEES
APPEAL FROM THE ARKANSAS
WORKERS' COMPENSATION
COMMISSION
[NO. F801104]
REMANDED FOR SUPPLEMENTAL
ADDENDUM
WAYMOND M. BROWN , Judge
Appellant Tommy Kimble appeals the Arkansas Workers' Compensation Commission's decision, finding that he failed to prove by a preponderance of the evidence that he suffered a compensable heart attack while working for appellee Hino Motors. Kimble argues on appeal that the Commission's decision is not supported by the evidence. We are unable to reach the merits of Kimble's arguments at this time due to deficiencies in his addendum.
This is the second time this case is before us. We initially ordered rebriefing due to deficiencies in Kimble's brief and addendum. See Kimble v. Hino Motors Mfg. USA, Inc., 2012 Ark. App. 178.
Arkansas Supreme Court Rule 4-2(a)(8) requires that the order or opinion challenged on appeal be included in the addendum. The rule also states that any document essential for this court to confirm jurisdiction must also be included in the addendum. Here, Kimble has failed to provide the Commission's opinion, as well as the notice of appeal from that opinion, in his addendum. Kimble has seven days to file a supplemental addendum. 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.
(2011).
Ark. Sup. Ct. R. 4-2(b)(4). See In re 4-2(b)(4) of the Rules of the Supreme Court and Court of Appeals, 2011 Ark. 141.
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Remanded for supplemental addendum.
VAUGHT, C.J., and MARTIN, J., agree.