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Moffett Constr. Inc. v. Barnes

The superior court does not have authority to remand a workers' compensation case for consideration of newly discovered evidence.

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We granted Moffitt Construction’s application for discretionary review to determine whether the superior court erred in remanding this case to the State Board of Workers’ Compensation to consider certain medical evidence. For the following reasons, we conclude that the superior court erred and we reverse. The record before us establishes that Willie Barnes sustained a compensable injury to his lower back in January, 2000, and received temporary total disability benefits. Moffitt Construction, Barnes’ employer, subsequently suspended benefits, effective July 18, 2000, claiming that Barnes had experienced an improvement in his condition.

In response to this suspension, Barnes filed a claim, alleging he had experienced a detrimental change in condition entitling him to a recommencement of benefits. He also requested the payment of certain medical expenses, a change in treating physicians, and an assessment of his attorney’s fees for an unreasonable defense.

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