Fields, 041919 ARWC, G802791

Case DateApril 19, 2019
CourtKansas
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.
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