Straw, 011322 ARWC, H103342

Docket NºWCC H103342
Case DateJanuary 13, 2022
CourtKansas
LINDA STRAW, EMPLOYEE CLAIMANT
SC REALTY SVCS., INC., EMPLOYER RESPONDENT
And
TRAVELERS CASUALTY amp; SURETY CO., CARRIER RESPONDENT
WCC No. H103342
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
January 13, 2022
          Claimant represented by Ms. Laura Beth York, Attorney at Law, Little Rock, Arkansas (neither appearing).           Respondents represented by Mr. Guy Alton Wade, Attorney at Law, Little Rock, Arkansas.          Hearing before Administrative Law Judge O. Milton Fine II on January 13, 2022, in Little Rock, Pulaski County, Arkansas.           O. MILTON FINE II, Chief 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 January 13, 2022, in Little Rock, Arkansas. Claimant, who is represented by counsel, failed to appear at the hearing; and her counsel waived her appearance. Without objection, the Commission's file on the claim has been incorporated herein in its entirety by reference. Also admitted into evidence was Respondents' Exhibit 1, documents related to the claim, consisting of three numbered pages.          The record reflects the following procedural history:
Claimant, per the First Report of Injury or Illness filed April 14, 2021, purportedly suffered an injury to her right knee sometime in early February 2021, when she slipped and fell on a freshly-mopped floor. According to the Form AR-2 filed on April 13, 2021, Respondents controverted the claim. Through counsel on April 9, 2021, Claimant filed a Form AR-C, alleging that she injured "her right arm, right knee, back, and other whole body" in the alleged fall at work. Claimant therein indicated that she was seeking the full range of initial and additional benefits. However, no hearing request accompanied the form.
         The record reflects that nothing further took place on the claim until November 15, 2021. On that date, Respondents filed the instant motion, asking for dismissal of the claim "for lack of prosecution," contending that no responses had been received to the...

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