TOSHA FLOYD, EMPLOYEE CLAIMANT
v.
BURGER KING, EMPLOYER RESPONDENT
ARK HOSPITALITY WCT, CENTRAL ADJUSTMENT COMPANY COMPANY/INSURANCE COMPANY THIRD PARTY ADMINISTRATOR(TPA) RESPONDENT
No. G706520
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
July 2 2018
This
matter was submitted on the record before ADMINISTRATIVE LAW
JUDGE CHANDRA L. BLACK, on July 2, 2018, Pulaski County,
Little Rock, Arkansas.
Claimant represented by Ms. Laura Beth York, Attorney at Law,
Little Rock, Arkansas.
Respondents represented by Mr. Michael E. Ryburn, Attorney at
Law, Little Rock, Arkansas.
CHANDRA L. BLACK, ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
This
matter comes before me for the purpose of dealing with the
respondents’ Motion to Dismiss. Specifically, the
respondents have requested that above-referenced matter
should be dismissed without prejudice for want of prosecution
pursuant to the rules of the Arkansas Workers’
Compensation Commission.
The
record consists of the Commission’s entire file, which
is incorporated herein by reference.
DISCUSSION
The
claimant’s attorney, filed a Form AR-C, on September
25, 2017, alleging that she sustained compensable injuries on
September 13, 2017, after being attacked while breaking up a
domestic dispute on the property. She alleged injuries to
both knees, right hip, and a laceration to her lip and other
whole body. According to this Form AR-C, the claimant
requested both initial and additional workers’
compensation benefits.
On
September 19, 2017, the respondents filed a Form 2, wherein
they controverted this claim on the grounds that the injury
did not rise out of the course of the claimant’s
employment.
Since
this time, the claimant has not requested a hearing, or in
any manner attempted to resolve or prosecute her claim.
Therefore,
the respondents’ attorney filed a Motion to Dismiss,
with the Commission on or about June 18, 2018, with a
Certificate of Service to the claimant’s attorney...