Sparks, 091021 ARWC, H003216

Docket NºH003216
Case DateSeptember 10, 2021
CourtKansas
TRACY D. SPARKS, EMPLOYEE CLAIMANT
MOUNTAIN VALLEY SPRING COMPANY, LLC, EMPLOYER RESPONDENT
SAFETY NATIONAL CASUALTY CORP., INSURANCE CARRIER RESPONDENT
No. H003216
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 10, 2021
         Hearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, Arkansas.           Claimant, pro se, failed to appear for the hearing.           Respondents represented by Mr. Michael C. Stiles, Attorney at Law, Little Rock, Arkansas.          OPINION           CHANDRA L. BLACK 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 (d) (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 herein by reference.          Discussion          On July 6, 2020, the Claimant’s attorney filed with the Commission, a claim for Arkansas workers’ compensation benefits on behalf of the Claimant by way of a Form AR-C. Specifically, the Claimant’s attorney alleged: “Claimant was in the course and scope of employment when he tripped over a pallet. Claimant sustained injuries to his left knee, right elbow and other whole body.” His attorney checked all the boxes for both initial and additional workers’ compensation benefits.          The respondent-insurance-carrier filed a Form AR-2 with the Commission on June 10, 2020, wherein they accepted compensability of the claim for an injury to the Claimant’s right...

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