Bunch, 041819 ARWC, G703343

Case DateApril 18, 2019
CourtKansas
LANDON BUNCH, EMPLOYEE CLAIMANT
GATES CORPORATION, EMPLOYER RESPONDENT
GALLAGHER BASSETT SERVICES, INC., CARRIER RESPONDENT
LANDON BUNCH, EMPLOYEE CLAIMANT
WEBB WHEEL PRODUCTS, EMPLOYER RESPONDENT
CONSTITUTION STATE SERVICES LLC, CARRIER RESPONDENT
Nos. G703343, G703344
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
April 18, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant represented by RUSSELL WINBURN, Attorney, Fayetteville, Arkansas.           Respondent, Gates Corporation, represented by VINCENT CHADICK, Attorney, Springdale, Arkansas.           Respondent, Webb Wheel Products, represented by GUY ALTON WADE, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          The above captioned claim came before the Commission based upon a statement of stipulated facts and briefs submitted by the parties in lieu of a formal hearing. Pre-hearing conferences were conducted on September 4, 2018, and pre-hearing orders filed that same date. Amended pre-hearing orders were filed in this matter on February 14, 2019.          By agreement of the parties, the stipulations for G703343 are:
1. Gates has no record of Bunch ever having worked at its facility in Siloam Springs (or any other Gates location).
2. Bunch provided testimony in this case as transcribed in the attached Exhibit 1.
3. Bunch alleges that he was diagnosed with acute myeloid leukemia (“AML”).
4. Bunch, for the first time, executed an Arkansas Workers’ Compensation Commission Form AR–C on May 10, 2017. Bunch had previously not made any claim filing with regard to his alleged work at Gates Corporation in 1994-1995.
5. The Form AR-C was filed with the Commission on May 16, 2017.
         By agreement of the parties, the stipulations for G703344 are:
1. Respondent, Webb Wheel Products, Inc., has no record of claimant ever having worked at its facility at Siloam Springs.
2. Claimant alleges that he was diagnosed with acute myeloid leukemia (“AML”) on January 29, 2013.
3. Claimant, for the first time, executed an Arkansas Workers’ Compensation Commission Form AR-C on May 10, 2017. Claimant had previously not made any claim filing with regard to his alleged work at Webb Wheel in 1999.
4. The Form AR-C was filed with the Commission on May 16, 2017.
         By agreement of the parties, the issues to be litigated and resolved were limited to the following:
1. Whether exclusive remedy applies in this matter and whether the Workers’ Compensation Commission has exclusive jurisdiction of this matter.
2. If the Workers’ Compensation Commission has exclusive jurisdiction to hear this matter, whether the statute of limitations related to occupational disease applies.
         The claimant contends that:
“(a) The Workers’ Compensation Commission has exclusive, original jurisdiction to determine whether sufficient facts exist for it to exercise jurisdiction over a claim. VanWagoner v. Beverly Enterprises, 334 Ark. 12,970 S.W.2d 810.
(b) The determination as to whether or not an employer-employee relationship existed is a threshold jurisdictional issue that must be determined by the Commission based on the facts of the case. Entergy Arkansas, Inc. v. Pope County Circuit Court, 2014 Ark. 506, 452 S.W.3d 81.
(c) One who hires an independent contractor is not responsible for his workers’ compensation coverage and claims because an employer-employee relationship does not exist, Brookshire Grocery Company v. Morgan, 2018 Ark. 62,539 S.W.3d 574.
(d) There is insufficient evidence that an employer-employee
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