MITCHELL BROCKMAN, Employee CLAIMANT
OZARKS COCA COLA DR. PEPPER BOTTLING COMPANY, Employer RESPONDENT
AMTRUST NORTH AMERICA, Carrier/TPA RESPONDENT
Claim No. G800062
Arkansas Workers Compensation
Before The Arkansas Workers' Compensation Commission
April 25, 2019
Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in
Springdale, Washington County, Arkansas.
Claimant represented by EVELYN E. BROOKS, Attorney,
Fayetteville, Arkansas.
Respondents represented by WILLIAM C. FRYE, Attorney, Little
Rock, Arkansas.
AMY
GRIMES ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
The
case, at bar, came before the Commission for a hearing on
respondents’ Motion to Dismiss on April 18, 2019, in
Springdale, Arkansas. By way of e-mail dated February 12,
2019, counsel for respondents requested dismissal of this
claim for lack of prosecution pursuant to Rule 13. Counsel
for both claimant and respondent appeared at the hearing, but
the claimant was not present. The record reflects that the
claimant was sent notice of said hearing on February 26, 2019
by both regular and certified mail. The certified notice was
returned by the United States Postal Department and marked as
“Return to Sender. Not Deliverable as Addressed. Unable
to Forward.”
After
opening the hearing and noting that the claimant was not
present, respondents’ attorney was given the
opportunity to make any additional arguments he wished in
regard to the dismissal request. Counsel for respondents
stated that claimant’s counsel filed an AR-C which was
file marked on January 3, 2018, for an injury date of
November 30, 2017. Respondents accepted the claim as a
medical only claim and an AR-2 was filed on January 11, 2018.
Respondents have provided medical treatment to the claimant,
but claimant subsequently failed to appear at scheduled
doctors’ visits of January 10, 2018, January 17, 2018,
and February 7, 2018. Attempts were made to schedule
claimant’s deposition, but those attempts were
unsuccessful because claimant could not make himself
available for the deposition. Dr. Heim released claimant with
no impairment and...