Villar, 111219 ARWC, G700445

Case DateNovember 12, 2019
CourtKansas
SANTIAGO LUIS DEL VILLAR, Employee CLAIMANT
BALL METAL FOOD CONTAINERS, LLC., Employer RESPONDENT
BROADSPIRE SERVICES, Carrier RESPONDENT
WCC No. G700445
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
November 12, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas.           Claimant is Pro Se and was not present at the hearing.           Respondent represented by ZACH RYBURN, Attorney at Law, Little Rock, Arkansas.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On October 22, 2019, the above captioned claim came on for a hearing on Respondent’s Motion to Dismiss. Respondent filed a Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. §11-9-702 and Commission Rule 099.13 on August 26, 2019. On September 4, 2019, a hearing notice was mailed to the parties setting this matter for a dismissal hearing on October 22, 2019. The hearing notice was mailed to the claimant via U.S. Postal Service by both certified and regular mail to the claimant’s last known address. The certified mail envelope was returned to the Commission with the notation: “Return to Sender/Unclaimed/Unable to Forward.” The regular mail envelope was not returned to the Commission.          The claimant was previously represented by Attorney Jarid Kinder, who filed a Motion to Withdraw on July 25, 2019. The Full Commission granted Mr. Kinder’s Motion and he was therefore released as attorney of record for the claimant on August 19, 2019.          From a review of the record as a whole, to include all matters properly before the Commission, and having had an...

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