KEVONTAE T. JOHNSON, EMPLOYEE CLAIMANT
TRINITY RAIL MAINTENANCE SERVICE, EMPLOYER RESPONDENTS NO. 1
ACE AMERICAN INSURANCE COMPANY/ESIS, INC., CARRIER/TPA RESPONDENTS NO. 1
DEATH AND PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2
WCC No. G901607
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
September 25, 2019
Hearing
before Chief Administrative Law Judge Barbara Webb on
September 20, 2019, at Jonesboro, Craighead County, Arkansas.
Claimant, pro se, failed to appear.
Respondents No. 1 represented by the Honorable Jason M.
Ryburn, Attorney-at-Law, Little Rock, Arkansas.
Respondent No. 2 represented by the Honorable David L. Pake,
Attorney-at-Law, Little Rock, Arkansas. Respondent No. 2
waived their appearance at the hearing.
HONORABLE BARBARA WEBB, CHIEF ADMINISTRATIVE LAW JUDGE.
ISSUES
A
hearing was conducted to determine whether or not this claim
should be dismissed for failure to prosecute pursuant to
Dillard v. Benton County Sheriff's Office, 87
Ark.App. 379, 192 S.W.3d 287 (2004).
After
review of the Commission's file, I find the Motion should
be granted.
STATEMENT
OF THE CASE
On
March 11, 2019, the Claimant's attorney, Laura Beth York,
filed on his behalf a Claim for Compensation, Form AR-C,
dated March 10, 2019, with the Arkansas Workers'
Compensation, reflecting a claim for "initial" and
"additional" workers' compensation benefits
growing out of the compensable February 2, 2019, accident.
On June
14, 2019, Claimant’s attorney filed a Motion to
withdraw as Claimant’s attorney on the basis that
Claimant had not responded to any letters or phone calls from
Rainwater, Holt, & Sexton. No response to the Motion was
filed. An Order was filed June 28, 2019, by the Full
Commission granting the Motion of claimant’s attorney
to withdraw as counsel. On August 1, 2019, Respondents No. 1
filed a Motion to Dismiss this claim for lack of prosecution
with a certificate of service to the claimant. The Commission
sent the Claimant a letter dated, August...
