Baker, 100819 ARWC, G806655

• Case Date: October 08, 2019
• Court: Kansas

CARLA E. BAKER, Employee CLAIMANT NIDEC MOTOR CORPORATION, Employer RESPONDENT #1 TRAVELERS INSURANCE COMPANY, Carrier/TPA RESPONDENT #1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 No. G806655 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission October 8, 2019          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant represented by LAURA BETH YORK and WHITNEY JAMES, Attorneys, Little Rock, Arkansas; although not present at hearing.           Respondent #1 represented by GUY ALTON WADE, Attorney, Little Rock, Arkansas.           Respondent #2 represented by DAVID L. PAKE, Attorney, Little Rock, Arkansas; not participating in hearing.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          The case, at bar, came before the Commission for a hearing on respondents’ Motion to Dismiss on October 1, 2019, in Fort Smith, Arkansas. Counsel for respondent #1 appeared at the hearing. Neither claimant nor her attorney appeared at the hearing. Respondent #2 was excused from participation. It should be noted that while Attorney James objected to the motion to dismiss, she likewise advised by e-mail dated August 16, 2019, that she would waive her appearance at the motion to dismiss hearing.          On August 5, 2019, respondent #1 filed a motion to dismiss this claim. As indicated above, Attorney James objected to the motion to dismiss and this matter was set for hearing on October 1, 2019.          This matter involves an alleged injury date of April 27, 2018. An AR-C was filed by claimant on October 25, 2018. After opening the hearing and noting that the claimant was not present, respondents’ attorney was given the opportunity to make any additional arguments he wished in regard to the Motion to Dismiss. Attorney Wade indicated that in a medical report submitted into evidence which was signed and dated by Dr. Eric Heim on January 30, 2019, claimant was found to be at...