MARTIN RAMOS-FRIAS, EMPLOYEE CLAIMANT
v.
THOMPSON CONST. GROUP, INC., EMPLOYER RESPONDENT
And
ZURICH AMERICAN INS. CO., CARRIER RESPONDENT
WCC NO. G907048
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
March 24, 2021
Hearing before Chief Administrative Law Judge O. Milton Fine
II on March 19, 2021 in Jonesboro, Craighead County,
Arkansas.
Claimant, pro se.1
Respondents represented by Mr. Randy P. Murphy, Attorney at
Law, Little Rock, Arkansas.
O.
MILTON FINE II Chief Administrative Law Judge.
I.
BACKGROUND
This
matter comes before the Commission on a motion to dismiss
filed by Respondents. A hearing on the motion was conducted
on March 19, 2021 in Jonesboro, Arkansas. Claimant, who is
pro se, failed to appear. Respondents No. 1 were
represented at the hearing by Mr. Randy P. Murphy, Attorney
at Law, of Little Rock, Arkansas. The record consists of the
Commission’s file–which, without objection, has
been incorporated herein in its entirety by reference.
The
evidence reflects that per the First Report of Injury or
Illness filed on October 25, 2019, Claimant purportedly
injured his head at work on October 8, 2019. According to the
Form AR-2 that was also filed on October 25, 2019,
Respondents accepted this injury as compensable and not only
paid medical benefits pursuant thereto, but continued to pay
his wages.
On
December 6, 2019, Claimant (through then-counsel Laura Beth
York) filed a Form AR-C, asking for a full range of initial
and additional benefits. He alleged that he was struck by a
metal beam at work and sustained injuries not only to his
head, but also to his back, right ear, right eye, right hip,
bilateral shoulders, left shin, and “other whole
body.” No hearing request accompanied this form. In
response, Respondents wrote the Commission on December 9,
2019, stating: “Our position on compensability has not
changed in this case since the initial filing. This claim is
a compensable claim and all eligible benefits are being
paid.” Respondents’ counsel made an entry of
appearance on January 31...
