Brockman, 042519 ARWC, G800062

Case DateApril 25, 2019
CourtKansas
MITCHELL BROCKMAN, Employee CLAIMANT
OZARKS COCA COLA DR. PEPPER BOTTLING COMPANY, Employer RESPONDENT
AMTRUST NORTH AMERICA, Carrier/TPA RESPONDENT
Claim No. G800062
Arkansas Workers Compensation
Before The Arkansas Workers' Compensation Commission
April 25, 2019
          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondents represented by WILLIAM C. FRYE, Attorney, Little Rock, Arkansas.           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 April 18, 2019, in Springdale, Arkansas. By way of e-mail dated February 12, 2019, counsel for respondents requested dismissal of this claim for lack of prosecution pursuant to Rule 13. Counsel for both claimant and respondent appeared at the hearing, but the claimant was not present. The record reflects that the claimant was sent notice of said hearing on February 26, 2019 by both regular and certified mail. The certified notice was returned by the United States Postal Department and marked as “Return to Sender. Not Deliverable as Addressed. Unable to Forward.”          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 dismissal request. Counsel for respondents stated that claimant’s counsel filed an AR-C which was file marked on January 3, 2018, for an injury date of November 30, 2017. Respondents accepted the claim as a medical only claim and an AR-2 was filed on January 11, 2018. Respondents have provided medical treatment to the claimant, but claimant subsequently failed to appear at scheduled doctors’ visits of January 10, 2018, January 17, 2018, and February 7, 2018. Attempts were made to schedule claimant’s deposition, but those attempts were unsuccessful because claimant could not make himself available for the deposition. Dr. Heim released claimant with no impairment and...

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