Rodriguez, 100819 ARWC, G804529

Case DateOctober 08, 2019
CourtKansas
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...

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