DELORISE WALLS, EMPLOYEE CLAIMANT
PRIDE INDUSTRIES, INC., EMPLOYER RESPONDENT
NORTH RIVER INSURANCE COMPANY, CARRIER RESPONDENT
WCC No. G703705
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
August 21, 2018
Hearing
before Administrative Law Judge O. Milton Fine II on August
16, 2018 in Little Rock, Pulaski County, Arkansas.
Claimant represented by Mr. Andy Caldwell, Attorney at Law,
Little Rock, Arkansas.
Respondents represented by Mr. Jason Ryburn, Attorney at Law,
Little Rock, Arkansas.
O.
MILTON FINE, II Administrative Law Judge.
I.
BACKGROUND
This
matter comes before the Commission on Respondents’
motion to dismiss. A hearing on the motion was conducted on
August 16, 2018 in Little Rock, Arkansas. Both parties
appeared at the hearing through counsel. The record consists
of the Commission’s file–which, without
objection, has been incorporated herein in its entirety by
reference.
The
evidence reflects that on May 30, 2017, Claimant–then
pro se–filed a Form AR-C in this matter.
Therein, she alleged that injured her left hip on April 1,
2017 at Respondent Pride Industries in Little Rock, Arkansas
when a co-worker struck her with a rolling bin. On June 21,
2017[1], a First Report of Injury or
Illness, dated April 5, 2017, was filed in this matter. It
incorrectly reflects that the injury occurred in Roseville,
California, which is the main office of Pride Industries.
Also on June 21, 2017, Respondents filed a Form AR-2,
indicating that the claim had been accepted as a medical-only
one. Per an amended form filed on October 16, 2017,
Respondents controverted further medical treatment, alleging
that her need for such treatment was not related to the
compensable left hip injury. Claimant’s current counsel
entered an appearance on her behalf on October 27, 2017; and
on that same date, he filed another Form AR-C, alleging that
in addition to her left hip, she also injured her left lower
extremity in the April 1, 2017 incident. In his
correspondence to the Commission, counsel also wrote:
“Please place this file in open general files as...