Costa, 090821 ARWC, H001793

Docket NºClaim H001793
Case DateSeptember 08, 2021
CourtKansas
RAYMOND M. COSTA, EMPLOYEE CLAIMANT
WASTE MANAGEMENT, INC., EMPLOYER RESPONDENT
INDEMNITY INS. CO. OF NORTH AMERICA/ ESIS, INC., INSURANCE CARRIER/TPA RESPONDENT
Claim No. H001793
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 8, 2021
         Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas, on August 17, 2021.           Claimant is represented by Laura Beth York, Attorney at Law.           Respondents are represented by Jarrod Parrish, Attorney at Law.          OPINION           JAMES D. KENNEDY, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was held in the above-styled matter on August 17, 2021, in Little Rock, 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 employed by Waste Management, Inc., and alleged a left arm injury on or about March 8, 2020, which was accepted as compensable. The respondents contends that appropriate benefits were paid. The claimant filed a Form AR-C over six (6) months ago and has not sought any type of hearing. The respondents filed a Motion to Dismiss on or about June 24, 2021, and contended at the time of the hearing that the claimant had reached maximum medical improvement (MMI) in January 2021 and that the claimant was still working for the respondents.          An appropriate notice setting this matter for a hearing for the Motion to Dismiss was provided to the claimant by Certified Mail. A hearing was set for August 17, 2021, in regard to the Motion to Dismiss. The claimant's representative, Laura Beth York, did not appear on the date of the hearing...

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