Lee, 111219 ARWC, G901831

• Case Date: November 12, 2019
• Court: Kansas

TERRY C. LEE, Employee CLAIMANT SONIC DRIVE IN OF CENTERTON, Employer RESPONDENT GALLAGHER BASSETT SERVICES, Carrier RESPONDENT No. G901831 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission November 12, 2019          Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas.           Claimant is PRO SE and not present at the hearing.           Respondent represented by JAMES A. ARNOLD, II, Attorney at Law, Fort Smith, Arkansas.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On October 29, 2019, the above captioned claim came on for a hearing on respondent’s Motion to Dismiss. Respondent filed a Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. §11-9-702 and Commission Rule 099.13 on September 26, 2019. On September 30, 2019, a hearing notice was mailed to the parties setting this matter for a dismissal hearing on October 29, 2019. The hearing notice was mailed to the claimant via U.S. Postal Service by both certified and regular mail to the claimant’s last known address. Two attempts were made by the Postal Service to deliver the certified mail envelope. The certified mail envelope was returned to the Commission with the notation: “Return to Sender/Vacant/Unable to Forward/Unclaimed.” The regular mail envelope was not returned to the Commission.          From a review of the record as a whole, to include all matters properly before the Commission, and having had an opportunity to hear the statements of Respondent's attorney, I find...