ADAM THOMPSON, EMPLOYEE CLAIMANT
MAVERICK TRANSPORTATION, SELF-INSURED EMPLOYER RESPONDENT
CORVEL ENTERPRISES, THIRD PARTY ADMINISTRATOR RESPONDENT
WCC No. G703395
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
November 30, 2018
Hearing
before Administrative Law Judge O. Milton Fine II on November
29, 2018 in Little Rock, Pulaski County, Arkansas.
Claimant, pro se, not appearing.
Respondents represented by Mr. David C. Jones, Attorney at
Law, Little Rock, Arkansas.
O.
MILTON FINE, II ADMINISTRATIVE LAW JUDGE
I.
BACKGROUND
This
matter comes before the Commission on a motion to dismiss by
Respondents. A hearing on the motion was conducted on
November 29, 2018 in Little Rock, Arkansas. No testimony was
taken in the case. Claimant, who according to Commission
records is pro se, failed to appear at the hearing.
Without objection, the Commission’s file on the claim
has been incorporated herein in its entirety by reference. In
addition, Respondents’ Exhibit 1, medical records,
consisting of 22 numbered pages, was admitted into evidence.
The
record reflects the following procedural history:
The
First Report of Injury or Illness filed on May 18, 2017
reflects that Claimant purportedly injured his upper
back/thoracic area at work by gradual onset.
Per the
Form AR-2 filed on May 19, 2017, Respondents controverted the
claim in its entirety.
On July
27, 2017, Claimant’s then-attorney M. Keith Wren
entered an appearance on his behalf before the Commission.
However, instead of filing a Form AR-C, Wren simply began
propounding discovery. Eventually, on February 15, 2018, Wren
filed a motion to withdraw from the case. In an order entered
on February 28, 2018, the Full Commission allowed Wren to
withdraw.
The
record reflects that no further activity occurred on the
matter until September 27, 2018, when Respondents filed the
instant motion, moving for dismissal of it under AWCC R.
099.13 and Ark. Code Ann. § 11-9-702(a)(4) & (d)
(Repl. 2012). On September 28...
