Cyphers v. United Parcel Service

Margaret Meads, Judge.

This is the third time this issue has been before us. Appellant again challenges the Commission’s determination, based upon an independent medical examination report by Dr. Jim Moore, that she sustained a five-percent permanent physical impairment to the body as a whole. She argues that she was denied her due process right to cross-examine Dr. Moore when the Commission failed to issue a requested subpoena.

In the first appeal, Priest v. United Parcel Serv., 58 Ark. App. 282, 950 S.W.2d 476 (1997), we held that we could not reach the merits of appellant’s due-process…