{"id":"alj-H307000-2024-10-17","awcc_number":"H307000","decision_date":"2024-10-17","opinion_type":"alj","claimant_name":"Taylor Wallis","employer_name":"Bapa Harrison Inc","title":"WALLIS VS. BAPA HARRISON INC. AWCC# H307000 October 17, 2024","outcome":"denied","outcome_keywords":["granted:2","denied:3"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WALLIS_TAYLOR_H307000_20241017.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WALLIS_TAYLOR_H307000_20241017.pdf","text_length":3637,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO. H307000 \n \nTAYLOR S. WALLIS, EMPLOYEE CLAIMANT \n \nBAPA HARRISON INC., EMPLOYER RESPONDENT \n \nTHE HARTFORD, CARRIER RESPONDENT \n \n OPINION FILED OCTOBER 17, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF in Springdale, Washington \nCounty, Arkansas. \n \nClaimant represented by MARK ALAN PEOPLES, Attorney, Little Rock, Arkansas. \n \nRespondents represented by RANDY P. MURPHY, Attorney, Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \nClaimant  filed  a  claim  for  workers'  compensation  benefits  for  an  injury  that  she  alleged \noccurred on October 20, 2023.  Respondents accepted this claim as it related to her right hand and \nright arm, but denied any benefits were due to claimant for an alleged right shoulder injury.    \n       On October 4, 2024, the above captioned claim came on for a hearing at Springdale, Arkansas, \nwith the sole purpose of determining whether Ambetter is entitled to a subrogation lien in this matter \nunder Ark. Code Ann. § 11-9-411. Ambetter is claimant’s private health insurance carrier.  Counsel \nfor both parties appeared; claimant was excused by this court from this hearing.  The parties produced \nletters  which  notified  Ambetter  that  a  settlement  of  this  claim  had  been  reached  and  asked  that \nAmbetter advise if it has made any payments toward claimant’s medical bills for treatment to her \nshoulder injury.  Respondent represented that he had no response to his inquiries.   On August 15, \n2024, claimant’s  attorney  advised  that  on August  15,  2024,  he  spoke  with  Brandon  Dale,  a \nrepresentative of Rawlings which administers claims for Ambetter.  Counsel explained that because \nrespondent  controverted  the  right  shoulder  portion  of  this  claim,  his  client  submitted  a  claim  to \n\nDelgado-H010070 \n2 \n \n \nAmbetter.  Claimant’s counsel heard nothing further from Ambetter or Rawlings.   \n     The parties advised that neither attorney had received a notice of lien from Ambetter.  Despite \nthat lack of a lien being submitted to the parties, the parties and Ambetter were given notice of this \nhearing by certified mail, return receipt requested.  U.S. Post Office records indicate that the  notice \nwas signed for on August 16, 2024.  Both the claimant and the respondents were present at the hearing; \nhowever, no representative appeared for Ambetter. This matter has been controverted in its entirety \nby the respondents. No benefits have been paid of any kind and medical treatment was and has been \ndenied by the respondents. After my consideration of this matter, I find the right shoulder injury has \nnot been adjudicated as being work-related, and no lien has been submitted by Ambetter. As such, no \npotential  subrogation  lien  exists  in  the  current  matter  and  this  claim  is  released  from  any  type  of \nsubrogation from Ambetter. \nFINDINGS OF FACT & CONCLUSIONS OF LAW \nThe parties have shown there is no notice of a lien provided to the parties, and any medical \nexpense for the claimant’s right shoulder injury has not been determined to be due to a work-related \nincident.  As such, there is no subrogation lien in this matter. \nORDER \nAmbetter is not entitled to a subrogation lien pursuant to Ark. Code. Ann. §11-9-411 for any \npayments it has made for medical treatment to claimant’s right shoulder.   \n IT IS SO ORDERED. \n \n                                                                                      \n            JOSEPH C. SELF \n                                                                       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H307000 TAYLOR S. WALLIS, EMPLOYEE CLAIMANT BAPA HARRISON INC., EMPLOYER RESPONDENT THE HARTFORD, CARRIER RESPONDENT OPINION FILED OCTOBER 17, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF in Springdale, Washington County, Arkansas. Claimant r...","fetched_at":"2026-05-19T22:47:47.705Z","links":{"html":"/opinions/alj-H307000-2024-10-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WALLIS_TAYLOR_H307000_20241017.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}