Sallee, 082319 ARWC, G805293

Case DateAugust 23, 2019
CourtKansas
JOSH O. SALLEE, Employee CLAIMANT
CITY OF GREENWOOD, Employer RESPONDENT
ARKANSAS MUNICIPAL LEAGUE WCT, Carrier RESPONDENT
No. G805293
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
August 23, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant is pro se; not present at hearing.           Respondents represented by ASIA CRUZ, Attorney, No. 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 August 20, 2019, in Fort Smith, Arkansas. The hearing was opened at 1:30 p.m., having been scheduled to begin at 1:15 p.m. It was noted the claimant was not present. The record reflects that the claimant was sent notice of hearing by both regular and certified mail on July 18, 2019. United States Postal Department records indicate that claimant signed for said notice on July 22, 2019.          On July 12, 2019, the respondents filed a motion to dismiss this claim contending that claimant requested a hearing on his claim by letter dated September 12, 2018. However, since that letter, no further action has been requested or taken by the claimant to move forward with his claim. Therefore, his claim should be dismissed for want of prosecution.          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 Motion to Dismiss. Respondents’ counsel reiterated that since Mr. Sallee filed a request for a hearing on September...

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