Graves, 040221 ARWC, G807290

• Case Date: April 02, 2021
• Court: Kansas

CEDRIC L. GRAVES, EMPLOYEE CLAIMANT WALMART ASSOCIATES, INC., SELF-INSURED EMPLOYER RESPONDENT #1 DEATH & PERMANENT TOTAL DISABILTY TRUST FUND RESPONDENT #2 No. G807290 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission April 2, 2021          Hearing before ADMINISTRATIVE LAW JUDGE KATIE ANDERSON, in Little Rock, Pulaski County, Arkansas.           Claimant, Mr. Cedric L. Graves, was represented by Ms. Laura Beth York, Attorney at Law, Little Rock, Arkansas. Ms. York waived her appearance at the hearing. Claimant appeared at the hearing with the consent of Ms. York.           Respondent #1 was represented by Mr. Curtis L. Nebben, Attorney at Law, Fayetteville, Arkansas.           Respondent #2 was represented by Mr. David Pake, Attorney at Law, Little Rock, Arkansas. Mr. Pake waived his appearance at the hearing.           KATIE ANDERSON, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was held on March 12, 2021, in the present matter pursuant to Dillard v. Benton County Sheriff’s Office, 87 Ark.App. 379, 192 S.W.3d 287 (2004), to determine whether the above-referenced matter should be dismissed for failure to prosecute under the provisions of Ark. Code Ann. § 11-9-702, and Arkansas Workers’ Compensation Commission Rule 099.13.          Appropriate Notice of this hearing was had on all parties to their last known address, in the manner prescribed by law.          The record consists of the transcript of the March 12, 2021, hearing and the documents contained therein. The remainder of the Commission’s file has also been made a part of the record. It is hereby incorporated herein by reference.          DISCUSSION          On October 6, 2018, Claimant sustained an admittedly compensable injury to his left shoulder while working for Respondent-Employer. Claimant’s attorney filed a Form AR-C with the Commission on October 29, 2018. Per this form, Claimant asserted an accident date of October 6, 2018, and asserted his entitlement to workers’ compensation benefits. In the Form AR-C, Claimant’s cause of injury was described...