Mason, 031621 ARWC, H004305

• Case Date: March 16, 2021
• Court: Kansas

LESLEY MASON, EMPLOYEE CLAIMANT FRITO LAY, INC., EMPLOYER RESPONDENT INDEMNITY INS.CO. OF NORTH AMERICA/ESIS, INC., CARRIER/TPA RESPONDENT No. H004305 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 16, 2021          Hearing before Administrative Law Judge James D. Kennedy on March 16, 2021, in Little Rock, Pulaski County, Arkansas.           Claimant is represented by her attorney, Whitney James.           Respondents are represented by their attorney, Lee J. Muldrow           JAMES D. KENNEDY, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was held in the above-styled matter on March 16, 2021, in Little Rock, Arkansas, on the respondents’ Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. § 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant was represented by Whitney James, who waived their right to appear and did not object to a dismissal without prejudice. The claim involved an injury which occurred on or about February 11, 2020, which involved a compensable motor vehicle accident. Some benefits, including temporary total disability, were paid. The respondents contend that on September 11, 2020, the claimant moved for a change of physician, but withdrew the request on October 1, 2020, that more than six (6) months have passed since the claimant filed a Form AR-C with the Commission, and the claimant has not sought any type of hearing before the Arkansas Workers’ Compensation over the last six (6) months; this lack of action led to the filing of a Motion to Dismiss. The respondents filed a Motion to Dismiss by letter on or about January 13, 2021, contending that the Dr. Wayne Bruffet opined that the claimant had reached maximum medical improvement on August 31, 2020.          An appropriate notice setting this matter for a hearing for a...