Gomez v. Industrial Commission

Upon reviewing the record and the original opinion the court believes that it did overlook one element. This court has held that under section 56-973, A.C.A. 1939, the commission has wide latitude in the admission of evidence, including hearsay. If the claimant had made admissions against his interest to the investigator, Stallcup, directly, Stallcups testimony regarding the same would properly have been admitted at the commission hearing. However, as has been pointed out by claimant, the conversation between Stallcup and the claimant was held through an interpreter whose services were apparently volunteer and not even under oath, as required in ordinary judicial procedure. Since the commission, unlike ordinary judicial tribunals, may entertain hearsay evidence if such admissions had been obtained under circumstances similar to those existing in the courts, that is, through a duly qualified interpreter under oath to interpret truly and correctly through a qualified officer of the tribunal, the testimony of Stallcup as to the conversation so interpreted to him might have been admissible under the broad jurisdiction given to the commission. However, the spirit and intent of the workmens compensation Act is to protect and compensate injured workmen who fall within the purview of the Act, and endow the commission with broad discretion but not unlimited jurisdiction. The commission must therefore provide proper safeguards for the purpose of ascertaining the substantial rights of the parties and carrying out the spirit of the Act, in the admission of testimony, including hearsay.