ERNESTO RODRIGUEZ, Employee CLAIMANT
A E R T, Employer RESPONDENT
LIBERTY MUTUAL INSURANCE CO., Carrier/TPA RESPONDENT
No. G804529
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
October 8, 2019
Hearing
before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale,
Washington County, Arkansas.
Claimant represented by EVELYN E. BROOKS, Attorney,
Fayetteville, Arkansas.
Respondents represented by JASON RYBURN, Attorney, Little
Rock, Arkansas.
AMY
GRIMES, ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
The
case, at bar, came before the Commission for a hearing on
respondents’ Motion to Dismiss on September 26, 2019,
in Springdale, Arkansas. Counsel for both claimant and
respondent appeared at the scheduled time, and it was noted
the claimant was not present. Claimant’s attorney
indicated that the claimant was advised that his presence
would not be necessary at the hearing in that she would
appear on his behalf.
On
August 12, 2019, the respondents filed a motion to dismiss
this claim contending that the claimant’s injury
occurred on April 12, 2018, and that the claim was denied
because of a lack of objective medical findings. A Form AR-C
was filed on July 11, 2018, but that no hearing on the merits
has been held in this matter.
After
opening the hearing and noting that the claimant was not
present, claimant’s attorney was given the opportunity
to make any argument she wished in regard to the
respondents’ Motion to Dismiss. Claimant’s
attorney stated that claimant was interested in pursuing his
claim. Claimant still works for the employer. The reason a
previously scheduled hearing was canceled was because
claimant was unable to obtain needed testing in order to
proceed. Since his claim has been totally denied, he has been
paying for treatment through his insurance and paying his
deductibles as he is able. Claimant has not undergone an MRI
because he is claustrophobic; has not received recommended
injections because he is scared of the injections; but that
he does have an appointment scheduled for October and that...