Patricia Dipaolo, Employee Claimant
Penmac Staffing Services, Inc. Employer Respondent
Gallagher Bassett Services, Inc. Respondent
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,
D. KENNEDY ADMINISTRATIVE LAW JUDGE.
OF THE CASE
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.