MASON MORELAN, Employee CLAIMANT
1ST EMPLOYMENT STAFFING, LLC, Employer RESPONDENT
GALLAGHER BASSETT SERVICES, INC., Carrier/TPA RESPONDENT
No. G507680
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
January 22, 2018
Hearing
before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale,
Washington County, Arkansas.
Claimant represented by EVELYN E. BROOKS, Attorney,
Fayetteville, Arkansas.
Respondents represented by CURTIS L. NEBBEN, Attorney,
Fayetteville, Arkansas.
AMY
GRIMES, ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
The
case, at bar, came before the Commission for a hearing on
Respondent's Motion to Dismiss on January 18,2018, in
Springdale, Arkansas. Claimant did not appear at the hearing,
although counsel for both claimant and the respondents did
appear. The record reflects that claimant was sent notice of
this dismissal hearing by both certified and regular mail to
his last known address, and both notices were returned to
this office by the Post Office as "Unclaimed" and
"Unable to Forward."
The
respondents filed a letter motion requesting dismissal of
this claim on October 24, 2017, through their representative,
Mitch Blakely, of Gallagher Bassett Services, Inc. That
letter motion indicated that there has been no activity in
this matter since October 14, 2015, and requests dismissal
for lack of prosecution. Respondents appeared at the hearing
through their attorney, who was given the opportunity to make
any argument he wished in regard to the dismissal request.
Counsel submitted into the record a Form AR-C filed by
claimant on October 13, 2015. He reiterated that there has
been no bona fide request for a hearing since that time, and
requests dismissal without prejudice subject to refiling and
pursuant to the applicable statute of limitations due to
claimant's failure to timely prosecute this claim.
Claimant's
attorney was given the opportunity to respond, and
acknowledged the last communication she has had with the
claimant was in September of 2016. Despite making efforts to
contact the claimant, she...
