Bentz, 042519 ARWC, G406925

• Case Date: April 25, 2019
• Court: Kansas

RANDY BENTZ, Employee CLAIMANT GATES CORPORATION, Employer RESPONDENT GALLAGHER BASSETT SERVICES, INC., Insurance Carrier/TPA RESPONDENT CLAIM No. G406925 Arkansas Workers Compensation Before The Arkansas Workers' Compensation Commission April 25, 2019           Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas.           Claimant represented by WESLEY A. COTTRELL, Attorney at Law, Rogers, Arkansas.           Respondents represented by CURTIS L. NEBBEN, Attorney at Law, Fayetteville, Arkansas.           ERIC PAUL WELLS ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On January 29, 2019, the above captioned claim came on for a hearing on respondents’ Motion to Dismiss. On October 30, 2018, respondents filed a Motion to Dismiss for want of prosecution pursuant to Rule 13 of the Arkansas Workers’ Compensation Commission. On November 8, 2018, notice was sent to the parties setting this matter for a hearing on the motion for January 15, 2019. Due to a conflict in Mr. Cottrell’s schedule, the hearing was rescheduled to January 29, 2019.          Respondents indicated at the hearing that the claimant filed a Form AR-C originally on December 21, 2015. Initially, a hearing on the merits was conducted on March 7, 2017, and an Opinion was filed on June 2, 2017. In that Opinion, it was ordered that the claimant was not entitled to any additional permanent impairment benefits above the 10% that the respondents had already accepted and paid. Respondents filed a Motion to Dismiss on July 13, 2017, seeking to dismiss without prejudice all other claims filed on the Form AR-C, but not previously litigated for a hearing. It is respondents’ belief and understanding of the law that the statute of limitations is still tolled on all of those issues. The claimant objected to the Motion to Dismiss and requested a hearing for additional medical treatment. The respondents accepted and paid for claimant’s additional...