{"id":"alj-H201989-2024-02-27","awcc_number":"H201989","decision_date":"2024-02-27","opinion_type":"alj","claimant_name":"Velta Nolan","employer_name":"D&p Investments, Inc","title":"NOLAN VS. D&P INVESTMENTS, INC AWCC# H201989 FEBRUARY 27, 2024","outcome":"denied","outcome_keywords":["denied:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/NOLAN_VELTA_H201989_20240227.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NOLAN_VELTA_H201989_20240227.pdf","text_length":3893,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H201989 \n \nVELTA NOLAN, Employee CLAIMANT \n \nD&P INVESTMENTS, INC., Employer RESPONDENT \n \nMARKEL SERVICE, INC., Carrier RESPONDENT \n \nEQUIAN, LLC, Carrier GROUP HEALTH CARRIER \n \n OPINION FILED FEBRUARY 27, 2024 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Russellville,  Pope \nCounty, Arkansas. \n \nClaimant represented by AARON L. MARTIN, Attorney at Law, Fayetteville Arkansas. \n \nRespondents represented by RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This  case  comes  on  for  review  following  a  hearing  on  February  15,  2024,  regarding \nEquian, LLC’s, a group health carrier, right to recover subrogation for medical treatment paid on \nbehalf of the claimant. \n On December 13, 2023, notice was sent to Equian, LLC via certified mail advising that a \nhearing  would  be  conducted  on  February  15,  2024,  beginning  at  10:30 a.m. at the Workers’ \nCompensation  Commission  offices  in  Russellville,  Arkansas.    The  hearing  was  to  address  a \ndetermination  of  any  potential  liens  involving  payment  of  medical  expenses  or  long-term \ndisability  by  any  outside  parties  in  accordance  with  A.C.A.  §11-9-411.    United  States  Postal \nService records indicate that the notice was delivered and picked up by an individual at a United \nStates  Postal  facility  on  December  26,  2023,  at  11:48  a.m.    This  tracking  information  can  be \nfound at Commission’s Exhibit 1, Page 1.  Despite having received notice of the hearing, Equian, \n\nNolan – H201989 \n \n-2- \nLLC failed to respond to the hearing notice in any manner whatsoever and failed to appear at the \ndate and time of said notice.   \n The claimant in this matter is a 54-year-old female who injured her low back on February \n4, 2019. The respondents accepted the claim as compensable and paid all related expenses until \nbenefits  were  stopped  following  an  independent  medical  evaluation.  The  claimant  sought \nadditional treatment, which may have been paid for through her group health insurance carrier. \n The  parties  reached  a  settlement  agreement  and  attempted  to  contact  Equian,  LLC \nregarding  any  potential  liens.  On  November  2,  2023,  the  respondents  filed  a  Motion  to \nExtinguish  Lien,  and  on  November  14,  2023,  the  Commission  sent  a  letter  to  Ms.  Sweatt  with \nEquian,  LLC  asking  for  acknowledgement  of  a  lien.  Both  the  Motion  and  letter  have  gone \nunanswered by Equian, LLC and no such lien has been provided. \n From a review of the record as a whole, to include medical reports, documents, and other \nmatters properly before the Commission, and having had an opportunity to hear the testimony of \nthe witness and to observe her demeanor, the following findings of fact  and conclusions of law \nare made in accordance with A.C.A. §11-9-704: \n FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1.  The  Arkansas  Workers  Compensation  Commission  has  jurisdiction  to  determine  any \npotential  liens  involving  payment  of  medical  expenses  or  long-term  disability  by  any  outside \nparties in accordance with A.C.A. §11-9-411. \n 2. Equian, LLC has failed to prove the existence of any potential lien involving payment \nof medical expenses or long-term disability in accordance with A.C.A. §11-9-411.  \n \n \n\nNolan – H201989 \n \n-3- \n ORDER \n Equian,  LLC  is  not  entitled  to  a  lien  involving  repayment  of  medical  expenses  or  long-\nterm disability benefits paid to the claimant regarding Workers’ Compensation Claim Number \nH201989 which involved a February 4, 2019, back injury. \n IT IS SO ORDERED. \n \n \n \n                                ____________________________                                              \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H201989 VELTA NOLAN, Employee CLAIMANT D&P INVESTMENTS, INC., Employer RESPONDENT MARKEL SERVICE, INC., Carrier RESPONDENT EQUIAN, LLC, Carrier GROUP HEALTH CARRIER OPINION FILED FEBRUARY 27, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Rus...","fetched_at":"2026-05-19T22:57:47.893Z","links":{"html":"/opinions/alj-H201989-2024-02-27","pdf":"https://labor.arkansas.gov/wp-content/uploads/NOLAN_VELTA_H201989_20240227.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}