JIMMY D. McJUNKINS, EMPLOYEE CLAIMANT
CITY OF CONWAY, SELF-INSURED EMPLOYER RESPONDENT
ARK. MUNICIPAL LEAGUE, THIRD-PARTY ADMINISTRATOR RESPONDENT
WCC No. G603221
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
October 3, 2019
Hearing
before Administrative Law Judge O. Milton Fine II on October
3, 2019 in Little Rock, Pulaski County, Arkansas.
Claimant, pro se, not appearing.
Respondents represented by Ms. Asia Cruz, Attorney at Law,
North Little Rock, Arkansas.
O.
MILTON FINE, II Administrative Law Judge.
I.
BACKGROUND
This
matter comes before the Commission on a motion to dismiss by
Respondents. A hearing on the motion was conducted on October
3, 2019 in Little Rock, Arkansas. No testimony was taken in
the case. Claimant, who according to Commission records is
pro se, failed to appear at the hearing. At
Respondents’ request, the Commission’s file on
the claim has been incorporated herein in its entirety by
reference. Admitted into evidence was Respondents’
Exhibit 1, a certified mail receipt dated July 31, 2019,
consisting of two pages.
The
record reflects the following procedural history:
The
First Report of Injury or Illness filed on May 10, 2016,
reflects that Claimant supposedly injured his right shoulder
at work while exercising on December 15, 2014. He filed a
Form AR-C on May 9, 2016 in which he sought recovery of his
medical expenses. The form reads in pertinent part:
“was doing a workout for our SWAT team and was doing an
exercise called a plank. My shoulder popped several times and
it became very sore the next day.” Per the amended Form
AR-2 filed on May 10, 2016, Respondents initially accepted
the claim as medical-only, but controverted additional
treatment based on the alleged lack of objective findings of
an injury.
The
record reflects that nothing further took place on the claim
until July 23, 2019, when Respondents filed the instant
motion to dismiss. Therein, they alleged that dismissal of
the claim was warranted under Ark. Code Ann. §
11-9-702(a)(4)[1] (Repl. 2012)...
