Davis, 051019 ARWC, G805323

• Case Date: May 10, 2019
• Court: Kansas

ROSUNDRA DAVIS, EMPLOYEE CLAIMANT PANCHO’S MEXICAN RESTAURANT, EMPLOYER RESPONDENT STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, CARRIER/RTW, INC., TPA RESPONDENT No. G805323 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission May 10, 2019           (4/20/2018)          Hearing before Chief Administrative Law Judge Andrew L. Blood on May 10, 2018, at Forrest City, St. Francis County, Arkansas.           Claimant, pro se, did not appear.           Respondents represented by the Honorable William Roy Sanders, Attorney-at-Law, Little Rock, Arkansas.           Andrew L. Blood, Chief Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted on May 10, 2019, in the above-styled claim on a Motion to Dismiss filed herein by the respondents. Notice of the scheduled hearing was appropriately provided to claimant, via Certified Mail – Return Receipt Requested. At the designated time, the docket was sounded and the claimant failed to appear.          The Motion to Dismiss and the Brief in Support of the Motion to Dismiss, coupled with the file of the Commission by reference, comprise the record in this claim.          DISCUSSION          Rosundra Davis, the claimant, with a date of birth of April 14, 1979, commenced her employment with respondent-employer on April 7, 2016, as a server. On April 20, 2018, the claimant reported that while within the course and scope of her employment, as she was walking, her right knee gave out. The claimant reported the incident to supervisory personnel of respondent-employer on June 7, 2018. Respondents filed a Workers Compensation – First Report of Injury or Illness, Form 1A-1, with the Arkansas Workers’ Compensation Commission on August 16, 2018, regarding the claimant’s claim. The afore report reflects that the claimant last worked on June 4, 2018.          On August 21. 2018, respondents filed an Employer’s Intent To Accept or Controvert Claim, Form AR-2, controverting the claimant’s claim. The afore recited that the claim was being denied because there was no evidence that the claimant...