Smart, 060519 ARWC, G702285

• Case Date: June 05, 2019
• Court: Kansas

JACK L. SMART, EMPLOYEE CLAIMANT BRIGGS EQUIPMENT, INC., EMPLOYER RESPONDENT ZURICH AMERICAN INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC., CARRIER/TPA RESPONDENT No. G702285 Arkansas Workers Compensation Before The Arkansas Workers’ Compensation Commission June 5, 2019          Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas on June 5, 2019.           Claimant is pro se and failed to appear.           Respondents are represented by their attorney, Rick Behring, Jr.           JAMES D. KENNEDY, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          A hearing was held in the above styled matter on June 5, 2019, in Little Rock, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas Code Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant was pro se and failed to appear for the hearing. The Claimant through his former attorney filed an AR-C with the Commission on or about April 4, 2017, seeking initial and additional benefits for injuries to his neck, back, and whole body. On April 7, 2017, the Respondents filed a Form AR-2 with the Commission reaffirming their initial acceptance of the neck and back injury. Defense counsel entered an appearance for the Respondents on April 26, 2017, and shortly thereafter propounded discovery to the Claimant. The Claimant through his former attorney likewise propounded discovery to the Respondent. Both the Respondent and Claimant responded to the discovery.          The Claimant through his former attorney requested a hearing for additional benefits. The Respondents denied and controverted the claim in its entirety, contending that the Claimant was not performing employment services at the time of the accident. Prior to the Prehearing Conference on or about November 21, 2018, the Claimant through his attorney requested that the Commission cancel the hearing request and return the claim to general files. The Commission approved this request.          There has been no activity from the Claimant concerning the...