Thompson v. Mohawk Ind., Inc., 032321 ARWC, H000701

• Case Date: March 23, 2021
• Court: Kansas

GARY W. THOMPSON, EMPLOYEE CLAIMANT v. MOHAWK INDUSTRIES, INC., EMPLOYER RESPONDENT And LIBERTY MUTUAL GROUP, CARRIER/TPA RESPONDENT And RESPONDENT CLAIM NO. H000701 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 23, 2021           Hearing before Administrative Law Judge James D. Kennedy on March 17, 2021, in Mountain Home, Baxter County, Arkansas.           Claimant is represented by his attorney, Rick S. Spencer.           Respondents are represented by their attorney, Jason Ryburn.           STATEMENT OF THE CASE           JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE          A hearing was held in the above-styled matter on March 17, 2021, in Mountain Home, 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 claimant was represented by Rick. S. Spencer, who appeared, but the claimant failed to appear at the time of the hearing. Jason Ryburn appeared on behalf of the respondents. The claim involved a repetitive motion injury, which was denied in its entirety. The Form AR-C filed by the claimant contended that the Arkansas injury occurred on January 8, 2021. The claimant had filed a similar claim for a repetitive injury in the state of Wyoming, and this injury was accepted by the Wyoming Employer, after the filing of the Arkansas claim. At one point, the claimant agreed to answer interrogatories for a dismissal in regard to the Motion to Dismiss that was filed on or about August 12, 2020, but the claimant had failed to respond. It has been over six (6) months since the claimant has taken any action in this manner, and the claimant has not sought any type of hearing before the Arkansas Workers’ Compensation Commission and has not responded to the propounded discovery. This lack of action led to the filing of a Motion to Dismiss by the respondents. ...