Henderson, 032918 ARWC, G402688

• Case Date: March 29, 2018
• Court: Kansas

CARRIE R. HENDERSON, Employee CLAIMANT SODEXO, INC., Employer RESPONDENT NEW HAMPSHIRE INS. CO., Carrier RESPONDENT GALLAGHER BASSETT SERVICES, INC., TPA RESPONDENT Nos. G402688 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission March 29, 2018          Hearing conducted before ADMINISTRATIVE LAW JUDGE TERRY DON LUCY, in Pulaski County, Arkansas.           Counsel for the Claimant: HONORABLE GARY DAVIS, Attorney at Law, Little Rock, Arkansas.           Counsel for the Respondents: HONORABLE JARROD PARRISH, Attorney at Law, Little Rock, Arkansas.           TERRY DON LUCY, Administrative Law Judge.          The above-captioned matter came on for a hearing on February 21, 2018, before the undersigned Administrative Law Judge, upon the Respondents’ second Motion to Dismiss. The Respondents’ previous Motion to Dismiss was denied by way of an Opinion and Order dated April 25, 2017, included in the record as Respondents’ Exhibit No. 3. The remainder of the record (other than the transcript recorded on February 21, 2018) is listed in detail on page 2 of the official transcript of the hearing conducted on February 21, 2018, and has been reviewed and taken into consideration.          No witnesses testified during the hearing conducted on February 21, 2018, but counsels for both parties were permitted to present their respective positions. Based on their statements, respective briefs, and the entirety of the record presented herein, I find that the Respondents’ Motion to Dismiss should be granted.          There are various provisions that allow for the dismissal of workers’ compensation claims, under both Arkansas statutory law and the Rules of the Commission. They include Ark. Code Ann. §§11-9-702(a)(4) & (d), as well as Rule 099.13 of the Commission. They state, as follows:

Ark. Code Ann. §11-9-702(a)(4): If within six (6) months after the filing of a claim for compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, be dismissed without prejudice to the refiling of the claim within limitation periods specified in subdivisions

...