In re Schwartz, 112718 ARWC, UE-2018-02-25

Docket Nº:UE-2018-02-25, UE-2018-02-47
Case Date:November 27, 2018
Court:Kansas
 
FREE EXCERPT
IN THE MATTER OF: JOSEPH SCHWARTZ, INDIVIDUALLY, d/b/a SKYLINE HEALTHCARE, LLC 40 VREELAND AVENUE, SUITE 105 TOTOWA, N.J. 07512-1169
Nos. UE-2018-02-25, UE-2018-02-47
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
November 27, 2018
         Hearing before CHIEF ADMINISTRATIVE LAW JUDGE ANDREW L. BLOOD, on September 12, 2018, at Little Rock, Pulaski County.           Appearing on behalf of Joseph Schwartz, Individually, d/b/a Skyline Healthcare, LLC, the HONORABLE JEREMY SWEARINGEN and the HONORABLE SUSAN M. FOWLER, Attorneys-at-Law, Little Rock, Arkansas.           Appearing on behalf of the Operations and Compliance Division of the Arkansas Workers’ Compensation Commission, the HONORABLE DAVID L. PAKE, Attorney-at-Law, Little Rock, Arkansas.           OPINION           ANDREW L. BLOOD, CHIEF ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          A hearing was conducted in the above style claim to determine whether the respondents were in contempt of a March 1, 2018, Order by the Commission. Respondents dispute the validity of the notice which was provided, and raised a due process issue.          DISCUSSION          The evidence reflects that in a March 1, 2018, Order, which was mailed to Joseph Schwartz, individually, d/b/a, Skyline Healthcare, LLC, by Certified Mail -- Returned Receipt Requested. Receipt of the afore is evidenced to have occurred on March 5, 2018, at 10:06 a.m.          The March 1, 2018, correspondence was accompanied by the Order and Notice of Hearing against Joseph Schwartz and his business, Skyline Healthcare, LLC., which had been entered by the Arkansas Workers’ Compensation Commission. The afore provided an opportunity for the respondents to contest the Order should a hearing be requested. Additionally, the March 1, 2018, correspondence provided respondents with the time frame in which such a hearing should be requested, in writing, as well as the requirements of a factual basis upon which the contest of the proposed Order or the amount of the Commission’s proposed assessment. Inclusive in the afore was the requirement that any contention of the presence of workers’ compensation insurance coverage for the period covered by the Proposed Order must include the name of the insurance carrier. Finally, the respondents were notified that if a timely hearing request was received, a hearing would be held at 9:45 a.m., Wednesday, June 13, 2018, at the Arkansas Workers’ Compensation Commission Building, 324 South Spring Street, Little Rock, Arkansas, 72203, in Hearing Room “B”.          The March 1, 2018, correspondence, which was a part of the proposed Order, was provided to the respondents to inform same that pursuant to Ark. Code Ann. §11-9-406(a)(1), they could be assessed a fine of $1,000.00, each day they were out of compliance, for a maximum fine of $10,000.00. After noting other sanctions for non-compliance, the March 1, 2018...

To continue reading

FREE SIGN UP