RICKEY BAILEY, EMPLOYEE CLAIMANT
CHILDRESS TRUCKING, EMPLOYER RESPONDENT
UNINSURED RESPONDENT
No. G701257
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
October 31, 2018
Hearing
before Administrative Law Judge James D. Kennedy on the
25th day of September, 2018, in Batesville,
Arkansas.
Claimant is represented by Jim R. Burton, Attorney at Law,
Little Rock, Arkansas.
Respondent is Pro Se and failed to appear.
JAMES
D. KENNEDY, Administrative Law Judge.
STATEMENT
OF THE CASE
A
hearing was conducted on the 25th day of
September, 2018, to determine the issues of compensability,
TTD, PPD, medical, and attorney fees. The respondent failed
to appear after proper notice. A pre-hearing conference was
conducted on the 11th day of July, 2018, and a
Pre-Hearing Order was filed on said date. A copy of the
Pre-Hearing Order was marked “Commission Exhibit
1" and made a part of the record. It must be noted that
the Respondent did not participate in the pre-hearing phone
conference after notice had been provided. Judicial notice is
also taken of the fact that Childress Trucking had previously
participated in a Compliance Hearing where they did in fact
attend and present testimony with an attorney representing
them. The Arkansas Workers’ Compensation Commission has
jurisdiction of the within claim and an employer/employee
relationship existed on September 23, 2016, the date of
injury. The claimant contends that he suffered a compensable
work related injury on or about September 23, 2016, and is
entitled to TTD, PPD, medical and attorney fees plus a
disability rating or in the alternative wage loss.
The
claimant’s contentions are set out in his responses to
the Pre-hearing questionnaire and made a part of the record.
The claimant, Rickey Bailey, was the sole witness to testify.
From a review of the record as a whole, to include medical
reports and other matters properly before the Commission, and
having had an opportunity to hear the testimony of the
witness and to observe his demeanor, the following findings
of fact and conclusions of law are made in accordance with
Ark. Code Ann. §11-9-704.
FINDINGS
OF FACT AND CONCLUSIONS OF LAW
1. The
Arkansas Workers’ Compensation Commission has
jurisdiction over this claim.
2. That
an employer/employee relationship existed on September 23,
2016.
3. The
claimant has satisfied the burden of proof to prove by a
preponderance of the evidence that the claim is compensable.
4. The
claimant has proven that his average weekly wage is $450.00
per week and he is entitled to the appropriate amount of TTD
based upon that average wage from the date of the injury to a
date to be determined.
5.
Claimant is also entitled to have his applicable and
reasonable medical bills paid which currently amount to
nearly $50,000.
6.
Claimant is entitled to the appropriate statutory attorney
fees.
7. The
determination of the applicable disability rating or of wage
loss is reserved due to the fact that the claimant has not
yet reached maximum medical improvement.
8. The
respondent is also ordered to pay for the cost of the
transcript for the hearing, forth with.
REVIEW
OF TESTIMONY AND EVIDENCE
The
claimant, Rickey Bailey, testified that he was employed by
Childress Trucking for approximately six months...
