Loeza, 091517 ARWC, G608995

Case DateSeptember 15, 2017
CourtArkansas
EDUARDO MORALES LOEZA, EMPLOYEE CLAIMANT
EL PARIAN MEXICAN RESTAURANT, EMPLOYER RESPONDENT
THE HARTFORD INSURANCE COMPANY/THIRD PARTY ADMINISTRATOR(TPA) RESPONDENT
No. G608995
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 15, 2017
         This matter was submitted on the record before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK, on September 15, 2017, Pulaski County, Little Rock, Arkansas.           The claimant was represented by Ms. Laura Beth York, Attorney at Law, Little Rock, Arkansas, Arkansas.           The respondents were represented by Mr. A. Gene Williams, Attorney at Law, Little Rock, Arkansas.           CHANDRA L. BLACK Administrative Law Judge.          STATEMENT OF THE CASE          This matter comes before me for the purpose of dealing with the respondents’ Motion to Dismiss and to determine whether the above-referenced matter should be dismissed due to a lack of prosecution, pursuant to Dillard v. Benton County Sheriff’s Office, 87 Ark.App. 379, 192 S.W.3d 287 (2004).          The record consists of the Commission’s entire file. This is incorporated herein by reference.          DISCUSSION          On or about December 15, 2016, the claimant filed a Form ARC, with the Commission, alleging that he sustained a compensable injury, while working for the respondent-employer. Specifically, the claimant gave the following description of his alleged cause of injury and the parts of his body injured: “Slip and fall two times during shift resulting in injury to right knee and other whole body.” The claimant checked all of the boxes for both initial and additional benefits.          On that same date, Ms. Shelia M. Sarringar(Workers’ Comp Case Manager) emailed the Clerk of the Commission, stating the following:
Please be advised that Laura Beth York, of Rainwater, Holt & Sexton, has been retained by the claimant in the above referenced matter and attached is a Form AR-C requesting benefits. Ms. York would respectfully request that the Commission ask the Respondents to state their position within fifteen(15)days.
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