Foster, 031219 ARWC, G807043

Case DateMarch 12, 2019
CourtKansas
CHARLES B. FOSTER, Employee CLAIMANT
BALDOR ELECTRIC COMPANY, Employer RESPONDENT
GALLAGHER BASSETT SERVICES, INC., Carrier/TPA RESPONDENT
No. G807043
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
March 12, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant is pro se.           Respondents represented by TOM HARPER, JR., Attorney, Fort Smith, Arkansas.           AMY GRIME, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          The case, at bar, came before the Commission for a hearing on respondents’ Motion to Dismiss on March 5, 2019, in Fort Smith, Arkansas. I opened the case for hearing at 1:45 p.m., having been scheduled for 1:15 p.m., and it was noted the claimant was not present. The record reflects that the claimant was sent notice of said hearing on January 24, 2019 by both regular and certified mail. The hearing notice was returned by the United States Postal Department marked as “Unclaimed. Unable to Forward.” The envelope also had notations that three separate attempts for delivery were made by the Post Office before the notice was returned to the Commission.          On January 17, 2019, the respondents filed a motion to dismiss this claim contending that claimant filed an AR-C on November 2, 2018 seeking benefits for an alleged injury occurring on July 18, 2018. Respondents denied the claim and contend that the claimant is not entitled to any workers’ compensation benefits. In said motion, respondents state that the claimant has informed his employer that he does not intend to pursue this claim and does not object to dismissal of his claim without prejudice.          After opening the hearing and noting that the claimant was not present, respondents’ attorney was given the opportunity to make any additional arguments he wished in regard to the Motion to Dismiss. Counsel for respondents submitted medical exhibits which respondents contend is part of the basis for their...

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