Coon v. Baxter Regional Med. Center, 032321 ARWC, G703342

Docket NºCLAIM G703342
Case DateMarch 23, 2021
CourtKansas
CATHERINE COON, EMPLOYEE CLAIMANT
v.
BAXTER REGIONAL MED. CENTER, EMPLOYER RESPONDENT
And
RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT
CLAIM NO. G703342
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
March 23, 2021
          Hearing before Administrative Law Judge James D. Kennedy on March 17, 2021, in Mountain Home, Baxter County, Arkansas.           Claimant is represented by his attorney, Nicholas Ezell.           Respondents are represented by their attorney, Melisa Wood.           STATEMENT OF THE CASE           JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE          A hearing was held in the above-styled matter on March 17, 2021, in Mountain Home, Arkansas, on the respondents’ Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. § 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant was represented by Nicholas Ezell, who notified the Commission that he was waiving his right to appear. The claim involved the claimant’s right shoulder, occurred on May 11, 2017, and was accepted as compensable. An amended Prehearing Order was entered on August 24, 2020, but prior to the hearing, the claimant withdrew her request for a hearing. At one point, the claimant agreed to answer interrogatories for a dismissal in regard to the Motion to Dismiss that was filed on or about December 8, 2020, but failed to respond to the propounded interrogatories. The claimant filed a Form AR-C on or about October 3, 2020. It has been over six (6) months since the claimant has taken any action in this manner, and the claimant has not sought any type of hearing before the Arkansas Workers’ Compensation Commission and has not responded to the propounded discovery. This lack of action led to the filing of a Motion to Dismiss by the respondents.          An appropriate notice setting this matter for a hearing...

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