Pate, 090821 ARWC, G005111

Docket NºClaim G005111
Case DateSeptember 08, 2021
CourtKansas
RUBEN PATE, Employee CLAIMANT
FOOD GIANT SUPER MARKETS, PNC, Employer RESPONDENT NO. 1
FEDERAL INSURANCE COMPANY, Carrier RESPONDENT NO. 1
CHUBB GROUP, TPA RESPONDENT NO. 1
DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2
Claim No. G005111
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 8, 2021
         Hearing conducted before ADMINISTRATIVE LAW JUDGE TERRY DON LUCY, in Craighead County, Arkansas.           Counsel for the Claimant: HONORABLE SCOTT HUNTER, JR., Attorney at Law, Jonesboro, Arkansas.           Counsel for Respondents No. 1: HONORABLE DAVID C. JONES, Attorney at Law, Little Rock, Arkansas.           Counsel for Respondent No. 2: HONORABLE DAVID PAKE, Attorney at Law, Little Rock, Arkansas.          OPINION AND ORDER           TERRY DON LUCY, Administrative Law Judge.          Statement of the Case          The above-captioned matter came on for a hearing on June 11, 2021, before the undersigned Administrative Law Judge. A pre-hearing Order was entered in this matter on January 27, 2021, which reflected the following stipulations:
(1) The Arkansas Workers' Compensation Commission has jurisdiction of this claim;
(2) The employee/employer/carrier/TPA relationship existed at all relevant times, including June 8, 2010, at which time the Claimant sustained a compensable injury to his right knee for which certain benefits have been paid by Respondents No. 1; and,
(3) The Claimant's average weekly wage at the time of his compensable injury was sufficient to entitle him to compensation rates of $502.00 and $377.00 for temporary total and permanent partial disability benefits, respectively.
         The pre-hearing Order also reflected the issues to be adjudicated, as set forth below:
(1) Whether the Claimant is entitled to additional reasonably necessary medical treatment in association with his initially compensable right knee injury of June 8, 2010; and,
(2) Whether the applicable statute of limitations bars the Claimant's present claim.
         All other issues were reserved. During preliminary discussions, it was noted that Respondent No. 2 had waived its appearance at the hearing and would defer to the outcome of litigation as reflected in the pre-hearing Order of January 27, 2021. (TR 5) Thereafter, the prehearing Order of January 27, 2021, was introduced into the record without objection as Commission Exhibit No. 1. (TR 8) In addition, the appearing parties' respective exhibits were likewise introduced into the record without objection. (TR 9-11)          Findings of Fact and Conclusions of Law
(1) The parties' stipulations are accepted as findings of fact herein, inclusive of the Commission's jurisdiction over this claim;
(2) The Claimant's present claim is barred by the applicable statute of limitations; and,
(3) All other issues are rendered moot.
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT