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...
