Callaway, 071219 ARWC, G802844

• Case Date: July 12, 2019
• Court: Kentucky

THOMAS “KEVIN CALLAWAY, EMPLOYEE CLAIMANT W.D. LOGGING, LLC, EMPLOYER RESPONDENT NO. 1 BITCO GENERAL INSRUANCE CORPORATION, THIRD PARTY ADMINISTRATOR RESPONDENT NO. 1 DEATH AND PERMANENT TOTAL DISABILITY TRUST RESPONDENT NO. 2 No. G802844 Kentucky Workers Compensation Before the Arkansas Workers’ Compensation Commission July 12, 2019          This matter was submitted on the record before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK, in Little Rock, Pulaski County, Arkansas.           Claimant represented by Ms. Laura B. York, Attorney at Law, Little Rock, Arkansas.           Respondents no. 1 represented by Mr. Jeremy Swearingen, Attorney at Law, Little Rock, Arkansas.           Respondent no. 2 represented by Mr. David L. Pake, Attorney at Law, Little Rock, Arkansas.           CHANDRA L. BLACK, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          This matter comes before me for the purpose of dealing with the respondent-insurance carrier’s Motion to Dismiss for Failure to Prosecute and to determine whether the above-referenced matter should be dismissed for want of prosecution, pursuant to Dillard v. Benton County Sheriff’s Office, 87 Ark.App. 379, 192 S.W.3d 287 2004), and under Ark. Code Ann. §11-9-702 and Commission Rule 099.13.          The record consists of the Commission’s entire file, which is incorporated herein by reference.          DISCUSSION          The claimant’s attorney, filed a Form AR-C on October 1, 2018, alleging that he sustained a compensable injury on April 27, 2018, due to a fall off of a piece of machinery, landing on his back. He alleged injuries to his back, right shoulder, and other whole body. The Form AR-C demonstrates that the claimant requested both initial and additional workers’ compensation benefits.          Respondents no. 1 accepted compensability in this matter and paid some medical and indemnity benefits. It appears that a dispute arose over the claimant’s assertion of additional benefits. As a result, the parties began the discovery process.          However, since this time, the claimant has not taken any...