AC39993 - Diaz v. Dept. of Social Services ("On appeal, the plaintiff claims that the board improperly:
(1) affirmed the commissioner’s finding and dismissal; (2) affirmed the commissioner’s
denial of the plaintiff’s motion to correct the finding; and (3) denied the
plaintiff’s motion to submit additional evidence. We affirm the decision of the
board… the plaintiff characterizes this evidence as ‘‘new evidence,’’ the documents
that the plaintiff sought to submit as additional evidence were in existence in
2010, approximately four years before the formal hearing on her workers’
compensation claim commenced in 2014. In light of this, we conclude that the
board reasonably could have concluded that the plaintiff did not demonstrate
that she had good reason for not presenting such evidence to the commissioner.
The board did not abuse its discretion in denying the plaintiff’s motion to
submit additional evidence.")