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

• Case Date: April 29, 2019
• Court: Kansas

Patricia Dipaolo, Employee Claimant v. 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 24^th, 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...