Stell v. Custom Tool and Die, Inc,, 111721 ARWC, H002576

Docket NºCLAIM H002576
Case DateNovember 17, 2021
CourtKansas
JAYSON C. STELL, EMPLOYEE CLAIMANT
v.
CUSTOM TOOL And DIE, INC., EMPLOYER RESPONDENT
PHOENIX INSURANCE COMPANY/ TRAVELERS INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT
CLAIM No. H002576
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
November 17, 2021
          Claimant is pro se.           Respondents are represented by Amy C. Markham, Attorney at Law, Little Rock, Arkansas.           Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas, on October 12, 2021.           JAMES D. KENNEDY, ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          A hearing was held in the above-styled matter on October 12, 2021, in Little Rock, Arkansas, on the respondents’ Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The respondents contend that a Form AR-C was filed on May 11, 2020, and that a Motion to Dismiss was filed on December 9, 2020, for failure to prosecute. At that time, the claimant objected to the dismissal of the claim, and the Motion to Dismiss was denied. Discovery was served upon the claimant and when he failed to file a response, a Motion to Compel was filed and an Order was entered compelling the claimant to respond to the discovery. At the time of the hearing, the claimant had still not responded to the discovery.          The claimant was employed by Custom Tool and Die, Inc. The claimant appeared in person at the time of the hearing. The claimant stated that this matter had been a real burden. He has a CDL Class A license and stated he was involved in a bad wreck while driving back from Oklahoma. The other party came across the interstate and hit him. The other party’s insurance accepted full responsibility but did not pay the claims. Four (4) months later, the claimant stated he contacted his employer about filing a workers’ compensation claim. He stated that he was told that he did not report the accident. The claimant was questioned by the Commission about obtaining an attorney and stated that he had not obtained an attorney because he thought it...

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