Floyd v. Burger King, 070218 ARWC, G706520

Case DateJuly 02, 2018
CourtKansas
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...

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