Munnerlyn v. Midway Tracker Marine, LLC, 032321 ARWC, G901010

• Case Date: March 23, 2021
• Court: Kansas

KELVIN MUNNERLYN, EMPLOYEE CLAIMANT v. MIDWAY TRACKER MARINE, LLC, EMPLOYER RESPONDENT#1 And SAFETY NATIONAL CASUALTY CO./CORVEL, INSURANCE CARRIER/TPA RESPONDENT DEATH AND PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 CLAIM NO. G901010 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 23, 2021           Hearing before Administrative Law Judge James D. Kennedy on March 17, 2021, in Mountain Home, Baxter County, Arkansas.           Respondents #1 are represented by their attorney, David Jones.           Respondent #2 is represented by its attorney, Christy King.           Claimant is pro se and failed to appear.           STATEMENT OF THE CASE           JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE          A hearing was held in the above-styled matter on March 17, 2021, in Mountain Home, Arkansas, on Respondents’ #1 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 pro se and failed to appear. The claimant was originally represented by Laura Beth York, who was allowed to withdraw by an Order of the Full Commission dated August 5, 2021. The claimant contended that he was injured on January 30, 2019, and he filed a Form AR-C on February 15, 2019. The claim was accepted by Respondent #1, and the claimant underwent two (2) surgeries: one on February 8, 2019, and the second on July 3, 2019. On or about August 27, 2019, Respondent #1 suspended temporary total disability benefits based upon the claimant returning to work for the employer herein.          It has been over six (6) months since the claimant has taken any action in this manner, and the claimant has not sought any type of hearing before the Arkansas Workers’ Compensation Commission and has not responded to the propounded discovery. This lack of action led to the filing of a Motion to Dismiss on or about December 22, 2020, by Respondents #1.          An...