{"id":"alj-H207016-2023-03-28","awcc_number":"H207016","decision_date":"2023-03-28","opinion_type":"alj","claimant_name":"Rick Hampton","employer_name":"Miller County Judge","title":"HAMPTON VS. MILLER COUNTY JUDGE AWCC# H207016 MARCH 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HAMPTON_RICK_H207016_20230328.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HAMPTON_RICK_H207016_20230328.pdf","text_length":6090,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H207016 \n \nRICK D. HAMPTON, \nEMPLOYEE                                                                                                              CLAIMANT \n \nMILLER COUNTY JUDGE, \nEMPLOYER                                                                                                         RESPONDENT  \n \nASS’N OF ARKANSAS COUNTIES WORKERS’ \nCOMPENSATION TRUST/ \nAAC RISK MG’T SERVICES, INC. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION AND ORDER FILED MARCH 28, 2023 \nHOLDING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE IN \nABEYANCE FOR 30 DAYS \n \nHearing  conducted  on  Friday,  March  28,  2023,  before  the  Arkansas  Workers’  Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ)  Mike  Pickens,  in  Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Mr. Rick D. Hampton, pro se, of Fort Smith, Sebastian County, Arkansas, appeared \nin person at the hearing.  \n \nThe respondents were represented by the Honorable Jason M. Ryburn, Ryburn Law Firm, Little \nRock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A hearing  was  conducted  on  Friday,  March  24,  2023,  to  determine  whether  this  claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2022) \nLexis  Replacement)  and  Commission  Rule  099.13  (2022  Lexis  Repl.).  The  respondents  filed  a \nmotion to dismiss with the Commission on February 1, 2023, requesting this claim be dismissed \nwithout prejudice for lack of prosecution. \n\nRick D. Hampton, AWCC No. H207016 \n \n2 \n \n           In accordance with applicable Arkansas law, the claimant was mailed due and proper legal \nnotice of both the respondents’ motion to dismiss as well as a copy of the hearing notice at his \ncurrent addresses of record via the United States Postal Service (USPS), First Class Certified Mail,  \nand he appeared in person, pro se, at the subject hearing. The record herein consists of the hearing \ntranscript  and  any  and  all  exhibits  contained  therein  and  attached  thereto,  as  well  as  the \nCommission’s entire file in this matter by reference. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. The \nclaimant and the respondents’ attorney took the opportunity to visit in person before the hearing. \nThe parties agreed on the record that it appears the only two (2) outstanding issues to be resolved \nare the payment of some outstanding mileage expenses, and a medical bill(s).  \n           Consequently, both  the  claimant  and  the  respondents’  attorney  agreed  that,  once  these \noutstanding  issues  are  resolved, the  claim  may  be  dismissed  pursuant  to  the  parties’  mutual \nagreement. The parties requested an additional 30 days, or until Tuesday, April 25, 2023, to resolve \nthese issues. The parties will advise the ALJ on or before this date as to whether the issues have \nbeen  resolved.  If  they  have  been  resolved  as  expected,  the  ALJ  will  draft  and  enter  an  opinion \norder of dismissal without prejudice, without the necessity of the respondents’ having to draft and \nfile  another  motion,  and  without  the  necessity  of  the  ALJ  conducting  another  hearing  on  the \nrespondents’ MTD. If the issues have not been resolved, the parties may request additional time to \nresolve them, if needed, or may ask for any and all other appropriate Commission action or relief \nas may be appropriate.  \n\nRick D. Hampton, AWCC No. H207016 \n \n3 \n \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, and as I advised the parties on the record at the hearing, I hereby make \nthe following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. The ALJ will hold in abeyance a decision on the respondents’ subject motion to \n                  dismiss without prejudice for a period of 30 days, or until Tuesday, April 25, 2023. \n \n      3.         The parties have 30 days from the hearing date, or until Tuesday, April 25, 2023, \n                  to obtain any and all additional information they require and to resolve \n                  the aforementioned issues.  \n \n      4.         The parties shall advise the ALJ on or before Tuesday, April 25, 2023, whether the \n                  subject issues have been resolved. If the parties have in fact resolved the \n                  outstanding issues the ALJ shall grant the respondents’ motion to dismiss filed \n                  February 1, 2023, without prejudice pursuant to the parties’ mutual agreement on \n                  the hearing record without the necessity of either the respondents filing another \n                  motion, and without the necessity of the Commission holding another hearing on \n                  the motion.  \n \n      5.        If the parties have not resolved the issues by the agreed deadline they may request \n                 additional time to do so, or may request any and all other appropriate Commission \n                 action and/or relief as may be deemed necessary under the circumstances.  \n \n     If they have not already done so, the respondents shall pay the court reporter’s invoice within \n \n twenty (20) days of the filing of this opinion and order. \n \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \n \n \n \nMP/mp \n\nRick D. Hampton, AWCC No. H207016 \n \n4","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207016 RICK D. HAMPTON, EMPLOYEE CLAIMANT MILLER COUNTY JUDGE, EMPLOYER RESPONDENT ASS’N OF ARKANSAS COUNTIES WORKERS’ COMPENSATION TRUST/ AAC RISK MG’T SERVICES, INC. INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED MARCH 28, 2023 HOLDING RESPONDE...","fetched_at":"2026-05-19T23:09:55.255Z","links":{"html":"/opinions/alj-H207016-2023-03-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/HAMPTON_RICK_H207016_20230328.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}