Nelson v. North Iowa Railroad Construction, 012221 IAWC, 5068146

Docket Nº5068146
Case DateJanuary 22, 2021
CourtIowa
KENNETH NELSON, Claimant,
v.
NORTH IOWA RAILROAD CONSTRUCTION, Employer,
and
TECHNOLOGY INSURANCE CO., insurance Carrier, Defendants.
No. 5068146
Iowa Workers Compensation
Before The Iowa Workers’ Compensation Commissioner
January 22, 2021
         Head Note No. 1402.30           ARBITRATION DECISION           WILLIAM H. GRELL DEPUTY WORKERS' COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          Kenneth Nelson, claimant, filed a petition for arbitration against North Iowa Railroad Construction as the employer and its insurance carrier, Technology Insurance Company. Prior to the scheduled arbitration hearing, claimant's attorney moved to withdraw from representation. This case was stayed, the arbitration hearing continued, and Mr. Nelson was given an opportunity to object to the withdrawal of his attorney.          In the undersigned's order entering a stay and granting time for objection, the undersigned provided an admonition to claimant that he would need to secure alternate counsel in a short time-frame or prepare to represent himself because any evidence was frozen and the case would be ordered to be returned to the hearing docket expeditiously. Mr. Nelson did not comply with the undersigned's order and did not file a response or objection to his attorney's withdrawal.          After the time allowed for objection expired, the undersigned issued an order lifting the stay, granting the attorney withdrawal, and directing that the case be returned to the hearing docket. Claimant did not cooperate in the scheduling of the trial and defendants ultimately requested a hearing date in compliance with the order of the undersigned. Pursuant to this scheduling procedure, the agency issued a hearing assignment order scheduling this case for an arbitration hearing before the undersigned on December 18, 2020 at 1:00 p.m. Hearing was ordered to be conducted via a video platform using CourtCall.          Each of the orders since the filing of an application to withdraw has been mailed by the agency to Mr. Nelson using regular U.S. Mail as well as certified mail. Claimant has not accepted or signed for any of the certified mailings and...

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