LANE v. ABERNATHY, 2002 AWCC 98

CLAIM NO. F008292

ANTHONY LANE, EMPLOYEE, CLAIMANT v. WADE ABERNATHY, INC., EMPLOYER, RESPONDENT, BITUMINOUS CASUALTY CORP., INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 2, 2002

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant appeared PRO SE.

Respondents represented by the HONORABLE RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes before the Full Commission on the claimant’s application for an order pursuant to Ark. Code Ann. § 11-9-118. Ark. Code Ann. § 11-9-118(a), (c), and (e) provide:

(a) No hospital, physician, or other health care provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make a payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or health care provider has received actual notice given in writing by the employee or the employee’s representative. Actual notice shall be deemed received by the hospital, physician, or health care provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or health care provider.

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(c) When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other health care provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other health care provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers’ Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed.

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(e) An order by the commission pursuant to this section shall stay all proceedings for collection.

Be it known that the claimant, Anthony Lane, has filed a claim for benefits against Wade Abernathy, Inc., employer, and against Bituminous Casualty Corp., an insurance carrier, for an alleged work-related eye injury, under claim number F008292. To date, no final determination has yet been rendered on the compensability or noncompensability of the injury and request for benefits at issue.

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner