{"id":"alj-H207289-2024-04-02","awcc_number":"H207289","decision_date":"2024-04-02","opinion_type":"alj","claimant_name":"Maribel Weaver","employer_name":null,"title":"WEAVER VS. COMPASS GROUP USA, INC.AWCC# H207289 & H302875April 2, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WEAVER_MARIBEL_H207289-H302875_20240402.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WEAVER_MARIBEL_H207289-H302875_20240402.pdf","text_length":2514,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207289 & H302875 \n \nMARIBEL CANDIA-WEAVER, EMPLOYEE       CLAIMANT \n \nCOMPASS GROUP USA, INC., EMPLOYER           RESPONDENT \n \nAIU INSURANCE, COMPANY, INSURANCE CARRIER         RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES, INC., \nTHIRD PARTY ADMINISTRATOR            RESPONDENT \n            \nOPINION DENYING THE MOTION TO DISMISS FILED APRIL 2, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on April 2, 2024. \n \nClaimant is pro se and appeared and an interpreter was provided. \n \nRespondents  are  represented  by Mr. Rick  Behring,  Jr., Attorney-at-Law  of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on April  2, 2024, in Little  Rock, \nArkansas on respondents’ Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode  Annotated §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.  The claimant was pro se and appeared for the hearing.  The claimant had sustained \na compensable injury to her hand/wrists while employed by the respondent/employer on \nor about September 4, 2022.  Later, on September 14, 2022, the claimant sustained a \nsecond  compensable injury. The  treating  physician  determined  that  the  claimant  had \nreached MMI on or about June 20, 2023, and the claimant then requested a change of \nphysician on or about September of 2023, which was granted, and the claimant was then \nseen and treated by Dr. Heard.  The claimant, who still works for the respondent, contends \nthat she was to receive additional physical therapy.     \n\nWEAVER – H207289 & H302875 \n \n2 \n \nIt was explained to the claimant that she has the burden of proof in regard to her \nclaim(s) and that it would be in her best interest to again talk to the Legal Advisor Division \nof the Commission and Catherine Richart, who she had talked to in the past.   \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, and statements by the claimant, I find that the Motion to Dismiss should be \ndenied at this time. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to deny \nthe Motion to Dismiss at this time. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207289 & H302875 MARIBEL CANDIA-WEAVER, EMPLOYEE CLAIMANT COMPASS GROUP USA, INC., EMPLOYER RESPONDENT AIU INSURANCE, COMPANY, INSURANCE CARRIER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION DENYING THE ...","fetched_at":"2026-05-19T22:55:02.453Z","links":{"html":"/opinions/alj-H207289-2024-04-02","pdf":"https://labor.arkansas.gov/wp-content/uploads/WEAVER_MARIBEL_H207289-H302875_20240402.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}