Russellville Warehousing v. Bassham

OPINION OF THE COURT

Among the grounds for reopening a final workers’ compensation award are newly discovered evidence and mistake. An Administrative Law Judge (ALJ) dismissed the defendant-employer’s motion to reopen, which was based upon evidence that came into existence after an award was rendered and changed a medical expert’s opinion regarding causation. Although the Workers’ Compensation Board (Board) affirmed insofar as the evidence did not come within the legal concept of newly .discovered evidence, a majority reversed on the ground of mistake. The Court of Appeals found the Board’s…