Winkley, 091719 ARWC, G006579

• Case Date: September 17, 2019
• Court: Kansas

TONYA WINKLEY, Employee CLAIMANT ST. EDWARD MERCY MEDICAL CENTER, Employer RESPONDENT SISTERS OF MERCY HEALTH SYSTEM, TPA/Carrier RESPONDENT WCC No. G006579 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission September 17, 2019          Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas.           Claimant represented by EDDIE H. WALKER, JR., Attorney at Law, Fort Smith, Arkansas.           Respondents represented by RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On September 12, 2019, the above captioned claim came on for a hearing on respondent’s Motion to Dismiss which was filed on July 2, 2019. On July 22, 2019, a notice was mailed to the parties setting this matter for a hearing on said motion for September 12, 2019. Claimant’s notice was mailed via USPS certified mail to 2010 Grinnell Avenue, Ft. Smith, AR 79208. The certified mail envelope was returned to the Commission with the notation: “Return to Sender, Attempted, Not Known, Unable to Forward.”          Mr. Walker indicated at the hearing that he has attempted to contact his client, Ms. Tonya Winkley, by way of letter dated July 24, 2019. Mr. Walker’s letter was returned to him with the notation: “Return to Sender, Not Deliverable as Addressed, Unable to forward.” The claimant’s attorney and the Commission have heard nothing from the claimant concerning her claim and there has been no activity in this case since March 2011.          From a review of the record as a whole, to include all matters properly...