Rice, 090921 ARWC, H002559

Docket NºCLAIM H002559
Case DateSeptember 09, 2021
CourtKansas
JAMES RICE, EMPLOYEE CLAIMANT
UNITED PARCEL SERVICE, INC., EMPLOYER RESPONDENT
LM INSURANCE CORPORATION/LIBERTY MUTUAL GROUP, CARRIER/TPA RESPONDENT
CLAIM No. H002559
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 9, 2021
         A hearing was held before ADMINISTRATIVE LAW JUDGE KATIE ANDERSON, in Pine Bluff, Jefferson County, Arkansas.           Claimant, Mr. James Rice, pro se, failed to appear at the hearing.           Respondents were represented by Mr. David C. Jones, Attorney at Law, Little Rock, Arkansas.           KATIE ANDERSON, ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          A hearing was held on September 8, 2021, in the present matter pursuant to Dillard v. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (2004), to determine whether the above-referenced matter should be dismissed for failure to prosecute under the provisions of Ark. Code Ann. § 11-9-702 (Repl. 2012) and Arkansas Workers’ Compensation Commission Rule 099.13.          Appropriate Notice of this hearing was had on all parties to their last known address in the manner prescribed by law.          The record consists of the transcript of the September 8, 2021, hearing and the documents contained therein. The remainder of the Commission’s file has also been made a part of the record. It is hereby incorporated by reference. Respondents’ exhibit packet was identified as Respondents’ Exhibit #1 and consisted of the First Report of Injury; a Form AR-2; a Form AR-2 Notice of Receipt; correspondence with Claimant regarding his hearing request; a September 16, 2020, Notice of Hearing; a Preliminary Notice; September 23, 2020, e-mail communication from Claimant’s counsel; Claimant’s counsel’s Request for Withdrawal dated November 4, 2020; a November 4, 2020, letter from the Clerk’s Office regarding Counsel’s Motion to Withdraw; Respondents’ November 8, 2020, e-mail communication indicating they have no objection to Counsel’s Motion to Withdraw; November 20, 2020, Order granting Motion to Withdraw; a letter to Claimant regarding Respondents’ Motion to Dismiss; Respondent’s Motion to Dismiss...

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