{"id":"alj-H401790-2026-03-18","awcc_number":"H401790","decision_date":"2026-03-18","opinion_type":"alj","claimant_name":"Michael Collins","employer_name":"10 Roads Express","title":"COLLINS VS. 10 ROADS EXPRESS AWCC# H401790 March 18, 2026","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/COLLINS_MICHAEL_H401790_20260318.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"COLLINS_MICHAEL_H401790_20260318.pdf","text_length":3259,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H401790 \n \nMICHAEL COLLINS, EMPLOYEE     CLAIMANT \nVS. \n10 ROADS EXPRESS, EMPLOYER      RESPONDENT \n \nGALLAGHER BASSETT SERVICES, INC., \nTHIRD PARTY ADMINISTRATOR     RESPONDENT \n \nOPINION AND ORDER FILED MARCH 18, 2026 \nA Hearing before Administrative Law Judge James D. Kennedy in Springdale, \nArkansas, was held on March 4, 2026. \n \nClaimant was represented by Ms. Evelyn Brooks of Fayetteville Arkansas. \n \nRespondents were represented by Rick Behring, Jr., of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A  hearing  was held  in  the  above  styled  matter  on the 4\nth\n day  of March 2026, in \nSpringdale, Arkansas, on Respondent’s Motion to Dismiss including an Incorporated \nBrief, for failure to prosecute pursuant to Arkansas Code Ann. §11-702 and Rule 099.13 \nof  the  Arkansas Workers’  Compensation Commission,  which  has  been  renamed  11 \nC.A.R. §25-110(d). The Claimant appeared and testified on his own behalf at the time of \nthe hearing and was represented by Ms. Evelyn Brooks.  \nThe  Claimant contended  that  he  had  not  been  released  from  his doctor’s care, \neven though he had been placed at MMI at the present time. Additionally, the Claimant \ncontended  that  his Respondent employer  was unable to  accommodate  his work \nrestrictions and although he had been able to find work, his income had been reduced \nsignificantly, and he was concerned about how long he would be able to work there. He \nfurther testified that the Respondent employer had actually closed and quit its business. \n\nCollins – H401790 \nBefore it closed the doors, Claimant testified that he was still employed by them, but was \nnot  working, due  to  the  fact  the Respondents were  unable  to  accommodate  his lifting \nrestriction of 35 pounds. He was making $30.00 an hour with the Respondent employer \nand is now making $17.00 an hour with his current employer. He further testified that he \nis  to  return  to  his  treating  physician  in  about  six  months,  and  earlier  if  needed. Under \ncross examination, the Claimant admitted that he was not aware of anything that had not \nbeen paid by the Respondents up to the time of the hearing and that Respondents had \neven paid for his impairment rating.  \nThe final contention by the Respondents was that the Claimant had failed to make \na  specific  request for  a  hearing.  The  Claimant  responded  that he  was still requesting \nongoing medical treatment and for other additional benefits which he might be entitled to \nin the near future. \nThe Respondents filed a copy of the Form AR-2, a C Form, as well as a Motion to \nDismiss  which  incorporated  a  Brief  in  Support  of  the  motion,  and  the  Notice  of  the \nHearing. The Claimant filed a Response to the Motion to Dismiss which included medical.  \n       ORDER \nPursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents and the Attorney for the Claimant, \nas well as the testimony of the Claimant, it is found that the Motion to Dismiss be denied \nat this time.    \nIT IS SO ORDERED.     \n             \n____________________________ \n          JAMES D. KENNEDY \n  ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401790 MICHAEL COLLINS, EMPLOYEE CLAIMANT VS. 10 ROADS EXPRESS, EMPLOYER RESPONDENT GALLAGHER BASSETT SERVICES, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION AND ORDER FILED MARCH 18, 2026 A Hearing before Administrative Law Judge James D. Kennedy in ...","fetched_at":"2026-05-19T22:31:03.860Z","links":{"html":"/opinions/alj-H401790-2026-03-18","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/COLLINS_MICHAEL_H401790_20260318.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}