Wells, 041119 ARWC, G805303

• Case Date: April 11, 2019
• Court: Kansas

DONNY WELLS, Employee CLAIMANT ELIZABETH RICHARDSON CENTER, Employer RESPONDENT MIDWEST INSURANCE COMPANY, Carrier/TPA RESPONDENT Nos. G805303, G805636 Arkansas Workers Compensation Before The Arkansas Workers' Compensation Commission April 11, 2019          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant is pro se.           Respondents represented by MICHAEL C. STILES, 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 March 28, 2019, in Springdale, Arkansas. I opened the case for hearing at 1:35 p.m., having been scheduled for 1:15 p.m., and it was noted the claimant was not present. The record reflects that the claimant was sent notice of said hearing on February 28, 2019 by both regular and certified mail. United States Postal Department records indicate that the notice was delivered on March 1, 2019, and was signed for by an individual at the claimant’s address as noted in the Commission’s file.          On February 25, 2019, the respondents filed a motion to dismiss these claims contending that claimant filed an AR-C on August 22, 2018 seeking both initial and additional benefits for an alleged injury to his back occurring on or about July 12, 2018. This claim was designated as WCC No. G805636. The claimant filed a second Form AR-C on August 22, 2018 as well, alleging an injury to his back and right leg on or about August 1, 2018. This claim was designated as WCC No. G805303. The respondents accepted both claims as compensable and paid benefits to and on behalf of the claimant. Discovery was propounded to the claimant through his then attorney on September 10, 2018; however, the claimant failed to respond to said discovery and claimant’s attorney filed a Motion to Withdraw as Counsel on January 2, 2019. This motion was granted by the Full Commission by order filed January 17, 2019. Claimant has as of this date failed to respond to the requested discovery and has failed to request a hearing in...