JASON L. FIELDS, EMPLOYEE CLAIMANT
COMFORT SYSTEMS USA, INC., EMPLOYER RESPONDENT
UNION INSURANCE COMPANY, CARRIER RESPONDENT
WCC No. G802791
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
April 19, 2019
Hearing
before Administrative Law Judge O. Milton Fine II on April
18, 2019 in Little Rock, Pulaski County, Arkansas.
Claimant, pro se, not appearing.
Respondents represented by Mr. Jason Ryburn, Attorney at Law,
Little Rock, Arkansas.
O.
MILTON FINE, II Administrative Law Judge.
I.
BACKGROUND
This
matter comes before the Commission on Respondents’
motion to dismiss. A hearing on the motion was conducted on
April 18, 2019 in Little Rock, Arkansas. Claimant, who is
pro se, failed to appear. Respondents were
represented at the hearing by Mr. Jason Ryburn, Attorney at
Law, of Little Rock, Arkansas. The record consists of the
Commission’s file on the claim–which, without
objection, has been incorporated herein in its entirety by
reference.
This
claim has the following procedural history:
Claimant–through
then-counsel Andy L. Caldwell–filed a Form AR-C on
April 7, 2018, contending that he injured his lungs on March
1, 2016. Respondents controverted this claim per a Form AR-2
filed on May 3, 2018. Their counsel entered an appearance on
their behalf on May 9, 2018.
Claimant
requested a hearing. The file was assigned to the undersigned
administrative law judge on May 11, 2018, and prehearing
questionnaires were sent to the parties that same day.
Respondents filed a timely response thereto on May 16, 2018,
and Claimant followed suit on May 31, 2018. A prehearing
telephone conference was scheduled for June 25, 2018. As a
result of that conference, a full hearing was scheduled for
August 23, 2018 on the following issues:
1. Whether Claimant sustained a compensable injury to his
lungs in the form of an occupational disease.
2. When did Claimant furnish notice of his alleged injury?
3. Whether Claimant is entitled to reasonable and necessary
medical treatment.
4. Whether Claimant is entitled to temporary total disability
benefits from November 1, 2017 to a date yet to be
determined.
5. Whether Claimant is entitled to a controverted
attorney’s fee.
...