Pruitt, 051419 ARWC, G800554

• Case Date: May 14, 2019
• Court: Kansas

CLYDE PRUITT, Employee CLAIMANT AMERICAN RAILCAR INDUSTRIES, Employer RESPONDENT SENTRY CASUALTY COMPANY, Carrier RESPONDENT SENTRY INSURANCE, TPA RESPONDENT No. G800554 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission May 14, 2019          Hearing conducted before ADMINISTRATIVE LAW JUDGE TERRY DON LUCY, in Craighead County, Arkansas.           Counsel for the Claimant: pro se.           Counsel for the Respondents: HONORABLE DAVID C. JONES; Attorney at Law, Little Rock, Arkansas.           TERRY DON LUCY, Administrative Law Judge.          Statement of the Case          The above-captioned matter came on for a hearing on May 10, 2019, before the undersigned Administrative Law Judge, for consideration of the Respondents’ Motion to Dismiss. A pre-hearing Order was entered in this matter on March 6, 2019, which reflected the following stipulations:

(1) The Arkansas Workers’ Compensation Commission has jurisdiction of this claim;

(2) The alleged date of injury is August 29, 2016;

(3) The employee/employer relationship existed at all relevant times, including August 29, 2016; and,

(4) The Respondents have controverted this claim in its entirety.

         The pre-hearing Order also reflected the issues to be adjudicated, as set forth below:

(1) Whether the Claimant sustained a compensable back injury on or about August 29, 2016, and is entitled to appropriate medical benefits associated therewith;

(2) Whether the Claimant provided appropriate notice of his alleged injury of August 29, 2016, on or before August 16, 2017;

(3) In the event of a finding of compensability, the Respondents’ entitlement to an offset pursuant to Ark. Code Ann. §11-9-411 for any group disability benefits and/or group health medical benefits that he Claimant may have received in association with his alleged compensable injury of August 29, 2016.

         All other issues were reserved. The Commission’s pre-hearing Order of March 6, 2019, is included within Respondents Exhibit No. 1, the latter of which was introduced as such without objection during the hearing. (TR 17; RX 1 at 56-59) Said Order also granted the Respondents’ Motion to Compel Discovery, which had been incorporated within their pre-hearing filing with respect to discovery requests served on the Claimant on or about January 28, 2019. The Order further provided that, in the event of the Claimant’s failure to comply with such on or before March 21, 2019, with regard to the Respondents’ discovery requests, the full hearing scheduled for May 10, 2019, would be cancelled and the Respondents’ previous Motion to Dismiss (also incorporated within their pre-hearing filing) would be taken under further advisement. (RX 1 at 16-22; 32-41; 51-52; 56-59).          Given that the Claimant failed to provide notice to the undersigned Administrative...