Martin Ramos-Frias v. Thompson Const. Group, Inc., 032421 ARWC, G907048

Docket NºWCC G907048
Case DateMarch 24, 2021
CourtKansas
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...

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