Henry, 032918 ARWC, G609321

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

RICKY HENRY, EMPLOYEE CLAIMANT GAMBLER WELL SERVICE, INC., EMPLOYER RESPONDENT RIVERPORT INSURANCE COMPANY/BERKLEY NET, INSURANCE CARRIER/TPA RESPONDENT No. G609321 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission March 29, 2018          Hearing before Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, Miller County, Arkansas.           Claimant, Ricky Henry, of Lewisville, Lafayette County, Arkansas failed to appear for the hearing.           Respondents were represented by the Honorable Rick Behring, Jr., Mayton, Newkirk & Jones Law Firm, Little Rock, Pulaski County, Arkansas.           Mike Pickens, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted on March 22, 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 relevant facts and the procedural history of this claim are clearly and accurately stated in the respondents’ motion to dismiss and brief in support thereof which is attached as a hearing exhibit, and is hereby incorporated by reference as set-forth word-for-word, herein. On February 5, 2018, the respondents mailed a copy of this motion to both the claimant and Commission. The respondents mailed a copy of their motion to the claimant at his correct address on file with the Commission.          In addition on March 01, 2018, the Commission mailed the claimant a Notice of Hearing via United States Postal Service (USPS), First Class Mail, and Certified Mail with Return Receipt Requested. On March 3, 2018, the USPS returned the certified letter to the claimant marked as, “Unclaimed.” At the March 22, 2018 hearing the respondents renewed their motion to dismiss the claim for lack of prosecution.          For purposes of the hearing, the record consists of the hearing transcript and all exhibits attached thereto and contained therein, which includes the respondents’ motion to dismiss and brief in support thereof...