Priest v. United Parcel Service

D. Franklin Arey, III, Judge.

The appellant, Rebekah Priest, challenges the Workers’ Compensation Commission’s determination that she sustained a 5% impairment to the body as a whole. This rating is based upon an independent medical evaluation by Dr. Jim Moore. The claimant sought to cross-examine Dr. Moore at the hearing before the Administrative Law Judge pursuant to Ark. Code Ann. § ll-9-705(c)(2)(B) (Repl. 1996). When the ALJ failed to issue a subpoena to ensure Dr. Moore’s presence, appellant raised a due process claim grounded on the denial of her right to cross-examine Dr. Moore at the…