Hargrove, 111219 ARWC, G707363

Case DateNovember 12, 2019
CourtKansas
DONNA HARGROVE, Employee CLAIMANT
RHEEM MANUFACTURING, Employer RESPONDENT No. 1
ACE AMERICAN INS. CO., Carrier RESPONDENT No. 1
DPTD TRUST FUND RESPONDENT NO. 2
WCC Nos. G707363, G807717, G807718
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
November 12, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas.           Claimant is Pro Se.           Respondent No. 1 represented by R. SCOTT ZUERKER, Attorney at Law, Fort Smith, Arkansas.           Respondent No. 2 represented by DAVID L. PAKE, Attorney at Law, Little Rock, Arkansas; waived appearance.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On October 24, 2019, the above captioned claims came on for a hearing on Respondent No. 1's Motions to Dismiss. Respondent No. 1 filed three Motions to Dismiss on September 6, 2019 for failure to prosecute pursuant to Ark. Code Ann. §11-9-702 and Commission Rule 099.13. On September 10, 2019, a hearing notice was mailed to the parties setting this matter for a dismissal hearing on October 24, 2019. The hearing notice was mailed to the claimant via U.S. Postal Service by both certified and regular mail to the claimant’s last known address. The certified notice was delivered and signed for by the claimant on September 16, 2019.          The claimant was previously represented by Attorney Michael Ellig who filed a Motion to Withdraw on January 29, 2019. This Administrative Law Judge granted Mr. Ellig’s Motion and he was therefore released as attorney of record for the claimant on January 30, 2019.          The claimant indicated at the hearing that she understood her rights and...

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