Sain, 060619 ARWC, G805333

Docket Nº:WCC G805333
Case Date:June 06, 2019
Court:Kansas
 
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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
         Hearing 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.           O. MILTON FINE II ADMINISTRATIVE LAW JUDGE.          I. BACKGROUND          This 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.          The record reflects the following procedural history:          Per the 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 entirety.          On 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.          On 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...

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