Tejada, 120418 ARWC, G804110

Case DateDecember 04, 2018
CourtKansas
ROBERTO S. TEJADA, Employee CLAIMANT
FORT SMITH STRUCTURAL, INC., Employer RESPONDENT
AMERISAFE RISK SERVICES, INC., Carrier RESPONDENT
Nos. G804110, G804111, G804112
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
December 4, 2018
         Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant not represented by counsel and not present at hearing.           Respondents represented by MICHAEL E. RYBURN, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          The case, at bar, came before the Commission for a hearing on respondents’ Motion to Dismiss on November 27, 2018, in Fort Smith, Arkansas. I opened the case for hearing at 1:30 p.m., and the claimant was not present after having been notified of the day and time of the hearing. The record reflects that notice of the hearing was sent to the claimant on October 26, 2018 by certified mail which was signed for by the claimant on October 30, 2018. Confirmation by the United States Postal Service of receipt of the notice by claimant has been made a Commission exhibit to this hearing.          The respondents filed their motion to dismiss on October 16, 2018. In said motion, the respondents indicated that claimant had filed a Form AR-C for injuries allegedly occurring on December 22, 2016; August 12, 2018; and January 10, 2018. All three claims have been denied by the respondents, and the claimant has taken no action to prosecute any of his claims.          After opening the hearing and noting that the claimant was not present, respondents’ attorney was given the opportunity to make any additional argument he wished in regard to his motion to dismiss. Counsel for respondents reiterated that all three of claimant’s claims were denied; that claimant was advised of the denials; and...

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