{"id":"alj-H301762-2024-12-04","awcc_number":"H301762","decision_date":"2024-12-04","opinion_type":"alj","claimant_name":"Matt Rake","employer_name":"Maverick Transportation, LLC","title":"RAKE VS. MAVERICK TRANSPORTATION, LLC AWCC# H301762 December 04, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RAKE_MATT_H301672_20241204.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RAKE_MATT_H301672_20241204.pdf","text_length":6136,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H301762 \n \n \nMATT A. RAKE,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nMAVERICK TRANSPORTATION, LLC, \nSELF-INSURED,  \nEMPLOYER                                                                                                         RESPONDENT \n                                                                                                                                                                                                                                                                                                                            \nCORVEL ENTERPRISE COMP, INC., \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                 \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED DECEMBER 4, 2024 \n \nHearing conducted on Tuesday, December 3, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe  claimant,  Mr. Matt  Rake,  of  Poteau,  LeFore County, Oklahoma, failed  and/or  refused  to \nappear at the hearing.  \n \nThe  respondents were represented  by  the  Honorable David  C.  Jones,  Newkirk  &  Jones, Little \nRock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n        A hearing was conducted on Tuesday, November 3, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n       The claimant herein previously was represented by counsel, the Honorable Laura Beth York \nof Rainwater, Holt & Sexton. By Full Commission order filed June 25, 2024, the Full Commission \ngranted Ms. York’s request to withdraw as the claimant’s counsel. Thereafter, on September 23, \n\nMatt A. Rake, AWCC No. H301672 \n2 \n \n2024, the respondents filed a motion and brief in support thereof requesting this claim be dismissed \nfor lack of prosecution (MTD) pursuant to the aforementioned statute and Commission rule. \n        In compliance with the applicable law the claimant was provided due and legal notice of the \nrespondents’ MTD, as well as the date, time, and location of the subject hearing, which he received \non September 30, 2024. (Commission’s Exhibit 1). The claimant did not respond in writing to the \nrespondents’ motion in  any  way,  and he failed  and/or  refused  to  appear at  the  subject  hearing. \nRespondents’  counsel  stated  at  the  hearing  the  respondents’  had  accepted  this  claim  as \ncompensable;  paid  all  appropriate  medical  and  indemnity  benefits  to  date;  and  advised  upon \ninformation and belief the claimant had returned to work, apparently for an employer other than \nthe respondent-employer herein. \n        The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. (Hearing Transcript; Comms’n Ex. 1; Respondents’ Exhibit 1). \n \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof  the  evidence  introduced  at  the  hearing and  contained  in  the  record conclusively  reveals  the \nclaimant has failed and/or refused to either request a hearing within the last six (6) months, and he \nhas taken no steps whatsoever to prosecute this claim. \n\nMatt A. Rake, AWCC No. H301672 \n3 \n \n        Therefore,  after  a  thorough  consideration  of  the  facts,  issues,  the applicable  law, the \nrepresentations  of credible counsel, and  other relevant matters  of  record,  I  hereby  make  the \nfollowing: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nand brief in support thereof filed with the Commission on September 23, 2024, as well as \nnotice of the date, time, and place of the subject hearing, the claimant failed and/or refused \nto respond in any way to the respondents’ letter MTD and failed and/or refused to appear \nat the hearing. Therefore, the claimant is deemed to have waived his right to a hearing on \nthe respondents’ MTD. \n \n3. The claimant has not requested a hearing within the last six (6) months, and he has failed \nand/or refused to prosecute this claim. \n \n4. Therefore, the respondents’ MTD without prejudice filed September 23, 2024, should be \nand  hereby is GRANTED;  and  this  claim is  dismissed  without prejudice  to  its  refiling \npursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n        This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n        IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \nMP/mp \n\nMatt A. Rake, AWCC No. H301672 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H301762 MATT A. RAKE, EMPLOYEE CLAIMANT MAVERICK TRANSPORTATION, LLC, SELF-INSURED, EMPLOYER RESPONDENT CORVEL ENTERPRISE COMP, INC., CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED DECEMBER 4, 2024","fetched_at":"2026-05-19T22:45:07.993Z","links":{"html":"/opinions/alj-H301762-2024-12-04","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RAKE_MATT_H301672_20241204.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}