{"id":"alj-H207016-2023-04-21","awcc_number":"H207016","decision_date":"2023-04-21","opinion_type":"alj","claimant_name":"Rick Hampton","employer_name":"Miller County Judge","title":"HAMPTON VS. MILLER COUNTY JUDGE AWCC# H207016 APRIL 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HAMPTON_RICK_H207016_20230421.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HAMPTON_RICK_H207016_20230421.pdf","text_length":7073,"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 TO DISMISS WITHOUT PREJUDICE \nFILED APRIL 21, 2023 \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           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,  \n\nRick D. Hampton, AWCC No. H207016 \n \n2 \n \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 for medical visits/treatment. \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 \n The  respondents  advised  this  week  they  have  paid  all  the  outstanding  medical  mileage \nexpenses with which the claimant was understandably concerned. Consequently, this resolves the \n\nRick D. Hampton, AWCC No. H207016 \n \n3 \n \nissue with which the claimant expressed concerned and identified as the only outstanding issue at \nthe subject hearing as set forth above.  \n        Therefore,  after a thorough consideration of  the facts, issues, the applicable law,  and other \nrelevant matters of record – including but not limited to the parties’ mutual agreement as set forth \nin the opinion and order to hold the respondents’ motion to dismiss in abeyance for 30 days filed \nMarch 28, 2023, and consistent with the ALJ’s ruling as set forth the parties on the record at the \nhearing – I hereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2.         The respondents have mailed a check to the claimant for the medical mileage \n                  expense reimbursement with which he was understandably concerned at the subject \n                  hearing; and the claimant has not identified any other issues that are ripe for a \n                  hearing, nor has he requested a hearing on any other issue(s). \n \n      3.        Therefore, pursuant to the parties’ mutual agreement as expressed in the opinion \n                 and order to hold the respondents’ motion to dismiss in abeyance for 30 days filed \n                 March 28, 2023, I find the respondents’ subject motion to dismiss without prejudice \n                 filed with the Commission on February 1, 2023, should be and hereby is \n                 GRANTED; and this claim is dismissed without prejudice to its refiling pursuant \n                 the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n                 Rule 099.13. \n        \n     4.        The respondents have advised both the claimant and the ALJ they have mailed the \n                subject medical expense check to the address to which the claimant requested they \n                mail it. The claimant shall advise the ALJ and the respondents via email when he \n                receives the check. The Commission shall retain jurisdiction only to the extent \n                required to enforce this order. \n \n This  opinion  and  order  shall  not  be  construed  to  prohibit  the  claimant,  his  attorney,  any \nattorney he may retain in the future, or anyone acting legally and on his behalf from refiling the \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n\nRick D. Hampton, AWCC No. H207016 \n \n4 \n \n If  they  have  not  already  done  so,  the respondents  shall  pay  the  court  reporter’s  invoice \nwithin ten (10) days of the filing of this opinion and order. \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","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 TO DISMISS WITHOUT PREJUDICE FILED AP...","fetched_at":"2026-05-19T23:08:41.579Z","links":{"html":"/opinions/alj-H207016-2023-04-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/HAMPTON_RICK_H207016_20230421.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}