Brower v. People Ready, Inc., 070218 ARWC, G707278

• Case Date: July 02, 2018
• Court: Kansas

ERNEST C. BROWER, Employee CLAIMANT v. PEOPLE READY, INC., Employer RESPONDENT ESIS, INC., Insurance Carrier/TPA RESPONDENT WCC No. G707278 Arkansas Workers Compensation Before The Arkansas Workers' Compensation Commission July 2, 2018          Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas.           Claimant represented by BROOKLYN R. PARKER, Attorney, Conway, Arkansas.           Respondents represented by ERIC NEWKIRK, Attorney, Little Rock, Arkansas.           OPINION/ORDER           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          This case comes on for review following a hearing on respondent’s Motion to Dismiss for failure to prosecute pursuant to Commission Rule 099.13 of the Arkansas Workers’ Compensation Commission Act.          This matter was previously set for a hearing on the merits for March 29, 2018. The claimant’s deposition was scheduled for February 12, 2018. At the last minute, the claimant canceled his deposition. The claimant’s deposition was rescheduled for March 8, 2018. The claimant failed to appear for his March 8, 2018 deposition.          On April 2, 2018, respondents filed a Motion to Dismiss. On April 10, 2018, the Commission set this matter for a hearing on respondents’ Motion for May 24, 2018. A hearing notice was sent to the claimant, however, it was returned to the Commission stating “return to sender, not deliverable as addressed, unable to forward.” Due to a scheduling conflict, the hearing was rescheduled for June 14, 2018. The Commission mailed a hearing notice to the parties with a copy to the claimant via regular mail on May 21, 2018.          The claimant’s attorney, Ms. Brooklyn Parker, indicated at the hearing that she has been unsuccessful at her attempts to...