McClean, 050219 ARWC, G805602

• Case Date: May 02, 2019
• Court: Kansas

JOSEPH MCCLEAN, Employee CLAIMANT TWIN HOLLOWS CONSTRUCTION, INC., Employer RESPONDENT CAROLINA CASUALTY INSURANCE CO., Carrier/TPA RESPONDENT No. G805602 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission May 2, 2019          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant not represented by counsel and not appearing at hearing.           Respondents represented by KAREN H. MCKINNEY, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          The case, at bar, came before the Commission for a hearing on respondents’ Motion to Dismiss on April 25, 2019, in Springdale, Arkansas. Counsel for respondent appeared at the hearing, but the claimant was not present. The record reflects that the claimant was sent notice of said hearing on March 8, 2019 by both regular and certified mail. The certified notice was returned by the United States Postal Department and marked as “Return to Sender. Unclaimed. Unable to Forward.” It is noted on the returned mail that three separate attempts were made by the Post Office to deliver the certified notice, all of which were unsuccessful.          Respondents filed a Motion to Dismiss this claim on March 5, 2019, noting that claimant had filed a Form AR-C on August 22, 2018, claiming an alleged injury to his low back on July 26, 2018. An AR-2 was filed by respondent on September 6, 2018, controverting the claim. While claimant was originally represented by counsel, counsel for claimant filed a motion to be allowed to withdraw as counsel on February 11, 2019, stating that he had been unable to make any further contact with his client. The Full Commission granted this withdrawal on February 28, 2019. No further action has been taken by claimant in regard to this matter.          After opening the hearing and noting that the claimant was not present, respondents’ attorney was given the opportunity to make any additional arguments she wished in regard to the dismissal request. Counsel for respondents reiterated...