CLAIM NO G904918YUDI PINEDA EmployeeCLAIMANTMCR INVESTORS LLC dbaRESPONDENTFAIRFIELD INN SUITESSOMPO AMERICA FIRE MARINE INS CO CarrierTPA RESPONDENTOPINIONORDERFILED SEPTEMBER 2 2020Hearing be ID: 867884
Download Pdf The PPT/PDF document "BEFORE THE ARKANSAS WORKERS COMPENSATION..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
1 BEFORE THE ARKANSAS WORKERSâ COMPENSAT
BEFORE THE ARKANSAS WORKERSâ COMPENSATION COMMISSION CLAIM NO. G 904918 YUDI PINEDA , Employee CLAIMAN T MCR INVESTORS, LLC, d/b/a RESPONDENT FAIRFIELD INN & SUITES SOMPO AM ERICA FIRE MARINE INS. CO. , Carrier/TPA RESPONDENT OPINION /ORDER FILED SEPTEMBER 2 , 2020 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale , Washington County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondent represented by DAVID C. JONES , Attorney, Little Rock , Arkansas. OPINION/ORDER This case comes on for review following a hearing on respondentâs motion to dismiss. On September 25, 20 19 claimant filed Form AR - C alleging a compensable injury on July 18, 2019. Respondent controverted this claim and subsequently propounded int errogatories on the claimant. By letter dated January 27, 2020, claimant â s attorney at that time, Laura Bet h York, requested to withdraw as counsel. T his motion to withdraw was granted by the Full Commissio
2 n on February 20, 2020. No further
n on February 20, 2020. No further acti on was taken to prosecute this claim and as a result respondent filed a motion to dismiss on April 8, 2020. A hearing was scheduled on respondent â s motion for August 26, 2020. Notice of the scheduled hearing was sent to claimant by certified Pineda â G904918 2 mail and wa s delivered on June 2, 2020. Subsequent to receiving that notice claimant had a telephone discussion with my administrative a ssistant, Janie McGaugh, and indicated that she did not wish to proceed with her c laim and would not be attending the hearing . A summary of this conversation is reflected in a memorandum dated August 13, 2020, and admitted into evidence as Commission Exhibit #2. After my review of the respondentâs motion, the claimantâs indication that she does not wish to proceed with her hea ring, as well as all other matters properly before the Co mmission, I find that respondentâs motion to dismiss this claim should be and hereby is granted. This dismiss al is pursuant to A .C.A. §11 - 9 - 702( a)(4) as well as Commission Rule 099.13 . This dismiss is without prejudice . IT IS SO ORDERED. ________________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDG