GINA SAIN, EMPLOYEE CLAIMANT
VOWELL, INC., EMPLOYER RESPONDENT
HARTFORD INS. CO. OF THE MIDWEST, CARRIER RESPONDENT
WCC No. G805333
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
June 6, 2019
before Administrative Law Judge O. Milton Fine II on June 6,
2019 in Little Rock, Pulaski County, Arkansas.
Claimant, pro se, not appearing.
Respondents represented by Mr. A. Gene Williams, Attorney at
Law, Little Rock, Arkansas.
MILTON FINE II ADMINISTRATIVE LAW JUDGE.
matter comes before the Commission on a motion to dismiss by
Respondents. A hearing on the motion was conducted on June 6,
2019 in Little Rock, Arkansas. No testimony was taken in the
case. Claimant, who according to Commission records is
pro se, failed to appear at the hearing. Without
objection, the Commission’s file on the claim has been
incorporated herein in its entirety by reference.
record reflects the following procedural history:
First Report of Injury or Illness filed August 27, 2018,
Claimant purportedly injured her lower back on June 25, 2018
at her place of employment. According to the Form AR-2 filed
on August 30, 2018, Respondents controverted the claim in its
August 13, 2018, Claimant—through then-counsel M. Keith
Wren--filed a Form AR-C, asking for a full range of initial
benefits. However, no hearing request was made at that time.
February 6, 2019, Respondents filed the instant motion,
asking for dismissal of the claim under both Ark. Code Ann.
§ 11-9-702(a)(4) (Repl. 2012) and AWCC R. 099.13. In
support thereof, Respondents alleged that they responded to
Claimant’s discovery on October 12, 2018, but had heard
nothing further from Claimant since then. I wrote
Claimant’s counsel on February 7, 2019, asking for a
response to the motion within 15 days. Co-counsel Daniel Wren
responded by letter on February 25, 2019, stating that their
firm no longer represented Claimant. I wrote counsel on
February 28, 2019, instructing them to file a...