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...
