Bell-Henry, 032918 ARWC, G503118

Case DateMarch 29, 2018
CourtKansas
DELOIS BELL-HENRY, EMPLOYEE CLAIMANT
GURDON SCHOOL DISTRICT, EMPLOYER RESPONDENT
ARKANSAS SCHOOL BOARDS ASSOCIATION WCT, INSURANCE CARRIER/TPA RESPONDENT
No. G503118
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
March 29, 2018
         Hearing before Administrative Law Judge (ALJ) Mike Pickens, in Arkadelphia, Clark County, Arkansas.           Claimant, Ms. Delois Bell-Henry, of Gurdon, Clark County, Arkansas, appeared pro se.           Respondents represented by Mr. J. Matthew Mauldin, Roberts Law Firm, Little Rock, Pulaski County, Arkansas.           Mike Pickens, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted on March 21, 2018, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2017 Replacement) and Arkansas Workers’ Compensation Commission (the Commission) Rule 099.13 (2017 Replacement).          The respondents motion to dismiss and brief in support thereof, a copy of which the respondent’s mailed to the claimant at the correct address of record on February 23, 2018, and which was attached as an exhibit at the March 21, 2018, hearing, contains a brief recitation of all relevant facts. The respondents’ motion to dismiss and brief in support thereof are herein incorporated by reference as set-forth word-for-word. At the March 21, 2018, hearing the respondents renewed their motion to dismiss the claim for lack of prosecution. After having been sworn, the claimant stated under oath that she had no objection to the respondents’ motion. I encouraged the claimant to seek the legal advice of an attorney should she have any questions or concerns about whether she may be entitled to additional medical or indemnity benefits under the Arkansas Workers’ Compensation Act (the Act). The claimant testified she last received benefits of any kind on or about January 28, 2018, so the applicable statute of limitations would run on or about January 28, 2019. The claimant testified she understood this time limitation, as well as its legal effect in barring any request for additional benefits after...

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