Walls, 082118 ARWC, G703705

Case DateAugust 21, 2018
CourtKansas
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...

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