Hopper v. J.C. Fodale Energy Services LLC, 092421 ARWC, G500564

Case DateSeptember 24, 2021
CourtKansas
JESSE HOPPER (DEC’D), EMPLOYEE CLAIMANT
v.
J.C. FODALE ENERGY SERVICES, LLC, EMPLOYER RESPONDENT #1
And
NEW HAMPSHIRE INS. CO./ AIG CLAIMS, INC., INSURANCE CARRIER/TPA RESPONDENT #1
DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2
CLAIM No. G500564
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 24, 2021
         Hearing before Administrative Law Judge James D. Kennedy on the 3rd day of August, 2021, in Little Rock, Pulaski County, Arkansas.           The claimant’s estate is represented by George Bailey, Attorney at Law, of Little Rock, Arkansas.           Respondents #1 are represented by Jarrod Parrish, Attorney at Law, of Little Rock, Arkansas.           Respondent #2 is represented by David Pake, Attorney at Law, of Little Rock, Arkansas.           JAMES D. KENNEDY Administrative Law Judge          STATEMENT OF THE CASE          A hearing was conducted on August 3, 2021, after two (2) prehearing telephone conferences, to determine payments in regard to attorney fees after the benefit payment threshold was reached for the Death and Permanent Disability Fund to take over the payment of benefits.          The claimant’s stated position is that the estate is entitled to additional attorney fees from Respondents as claimed in its prehearing questionnaires and proposed stipulations that were made part of the record.          Respondents #1 contend that the claimant is not entitled to additional attorney fees and that the claim for additional attorney fees is barred by res judicata and the statute of limitations.          Respondent #2 contends the Form AR-C, which was filed on September 4, 2015, made no claim for attorney fees and the Claimant’s Prehearing Questionnaire alleging “controversion of the claim in its entirety” was not sufficiently specific to serve as a claim for attorney fees. Respondent #2 also raised res judicata and the statute of limitations. Additionally, Respondent #2 argued that it was excused from an earlier hearing due to the fact neither party contended the Trust Fund controverted the claim.          A second prehearing conference was conducted on June 28, 2021, and a Prehearing Order was filed in this matter on June 29, 2021. The second prehearing conference was a continuation of the original prehearing conference, which had to be continued due to time limitations. A copy of the Prehearing Order is marked          “Commissions Exhibit 1” and made part of the record without objection. It is stipulated that the Arkansas Workers’ Compensation Commission has jurisdiction of the claim and that an employer-employee relationship existed on December 7, 2014, the date of the fatal car wreck. The claimant’s estate was previously found to have satisfied its burden of proof by a preponderance of evidence that the claimant’s work-related death on December 7, 2014, was compensable, which was confirmed by the Full Commission. The Full Commission Opinion dated June 14, 2018, adopted the decision of the Administrative Law Judge, and consequently the Administrative Law Judge Opinion and the Commission Opinion constitutes the law of the case.          Additionally, the claimant’s multiple responses, including amended responses to the Prehearing Questionnaire, were admitted into the record without objection. Both Respondents’ responses to the Prehearing Questionnaire were also admitted to the record without objection.          The claimant’s Exhibit One, which included the claimant’s brief and an outline of the claimant’s contentions, were admitted into the record without objection. The parties were instructed to submit briefs simultaneously fourteen (14) days post-hearing. Respondent’s briefs were blue-backed and made a part of this opinion. In addition, Respondent’s #2 submitted documents were admitted into the record without objection.          No witnesses testified, and the hearing consisted solely of oral argument in regard to the parties’ respective positions on the issue of attorney fees. From a review of the record to include the documentary evidence and other matters properly before the Commission, and having had an opportunity to hear the arguments of the attorneys and to review the submitted briefs, the following findings of fact and conclusions of law are made in accordance with Ark. Code Ann. § 11-9-704.          FINDINGS...

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