Dipaolo v. Penmac Staffing Services, Inc., 042919 ARWC, G805511

Docket Nº:G805511
Case Date:April 29, 2019
Patricia Dipaolo, Employee Claimant
Penmac Staffing Services, Inc. Employer Respondent
Gallagher Bassett Services, Inc. Respondent
No. G805511
Arkansas Workers Compensation
Before The Arkansas Workers’ Compensation Commission
April 29, 2019
          Hearing before Administrative Law Judge James D. Kennedy in Russellville, Pope County, Arkansas.           Claimant is pro se.           Respondents are represented by Rick Behring Jr., Little Rock, Arkansas.           JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was held in the above styled matter on April 24th, 2019, in Russellville, Arkansas on Respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas Code Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The Claimant sustained a compensable right lower extremity injury while working for the Respondent employer on or about June 1, 2018. The Respondents filed a First Report of Injury with the Commission on or about June 7, 2018. The Claimant through her former attorney filed a Form AR-C with the Commission on or about August 7, 2018. The claimant sought initial and additional benefits for injuries to her right knee, left leg, bilateral arms, and whole body. The Claimant, through her former attorney, propounded Interrogatories and Requests for Production of Documents to the Respondents and a discovery response was provided to the Claimant on August 29, 2018 and August 31, 2018. The Respondents propounded Interrogatories and Requests for Production of Documents to the Claimant on August 31, 2018, and as of the date of the Hearing to Dismiss, the Claimant had failed to respond to these discovery requests. The Respondents contend that they provided all appropriate benefits for this claim and that the Claimant’s treating physician released the Claimant to return to work without restrictions on August 23, 2018.          The Claimant’s former...

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