ORDER
This matter comes before the Commission on the claimant's motion to submit additional evidence. The respondents have objected to the claimant's motion. After giving due consideration to the claimant's motion, the respondents' response, and all other matters properly before the Commission, we find that the claimant's motion must be denied.
Ark. Code Ann. § 11-9-705 (c)(1) (1987) provides that all evidence must be submitted at the initial hearing on the claim. In order to submit new evidence, the moving party must show that the new evidence is relevant; that it is not cumulative; that it would change the result of the case; and that he was diligent in presenting the evidence to the Commission. Mason v. Lauck, 232 Ark. 891, 340 S.W.2d 575 (1960); see also, Haygood v. Belcher, 5 Ark. App. 127, 633 S.W.2d 391 (1982).
In the present claim, we find that the claimant failed to show that he was diligent in presenting the evidence to the Commission. In this regard, he asks that we admit a Veterans Association rating dated August 13, 1993. However, the hearing in this matter was held on June 7, 1995, and the claimant concedes that he was in possession of this document prior to the hearing and that he made a copy of the document available to his attorney prior to the hearing. The fact that this attorney no longer represents the claimant does not change the fact that the document was available but not introduced at the initial hearing.
Accordingly, we find that the claimant's motion must be, and hereby is, denied.
IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner
Commissioner Humphrey dissents.