Matt Rake vs. Maverick Transportation, LLC

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 Hearing conducted on Tuesday, December 3, 2024, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, Pulaski County, Arkansas. The claimant, Mr. Matt Rake, of Poteau, LeFore County, Oklahoma, failed and/or refused to appear at the hearing. The respondents were represented by the Honorable David C. Jones, Newkirk & Jones, Little Rock, Pulaski County, Arkansas. STATEMENT OF THE CASE A hearing was conducted on Tuesday, November 3, 2024, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). The claimant herein previously was represented by counsel, the Honorable Laura Beth York of Rainwater, Holt & Sexton. By Full Commission order filed June 25, 2024, the Full Commission granted Ms. York’s request to withdraw as the claimant’s counsel. Thereafter, on September 23,

Matt A. Rake, AWCC No. H301672 2 2024, the respondents filed a motion and brief in support thereof requesting this claim be dismissed for lack of prosecution (MTD) pursuant to the aforementioned statute and Commission rule. In compliance with the applicable law the claimant was provided due and legal notice of the respondents’ MTD, as well as the date, time, and location of the subject hearing, which he received on September 30, 2024. (Commission’s Exhibit 1). The claimant did not respond in writing to the respondents’ motion in any way, and he failed and/or refused to appear at the subject hearing. Respondents’ counsel stated at the hearing the respondents’ had accepted this claim as compensable; paid all appropriate medical and indemnity benefits to date; and advised upon information and belief the claimant had returned to work, apparently for an employer other than the respondent-employer herein. The record herein consists of the hearing transcript and any and all exhibits contained therein and attached thereto. (Hearing Transcript; Comms’n Ex. 1; Respondents’ Exhibit 1). DISCUSSION Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of the evidence introduced at the hearing and contained in the record conclusively reveals the claimant has failed and/or refused to either request a hearing within the last six (6) months, and he has taken no steps whatsoever to prosecute this claim.

Matt A. Rake, AWCC No. H301672 3 Therefore, after a thorough consideration of the facts, issues, the applicable law, the representations of credible counsel, and other relevant matters of record, I hereby make the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Commission has jurisdiction of this claim. 2. After having been mailed due and legal notice of the respondents’ MTD without prejudice and brief in support thereof filed with the Commission on September 23, 2024, as well as notice of the date, time, and place of the subject hearing, the claimant failed and/or refused to respond in any way to the respondents’ letter MTD and failed and/or refused to appear at the hearing. Therefore, the claimant is deemed to have waived his right to a hearing on the respondents’ MTD. 3. The claimant has not requested a hearing within the last six (6) months, and he has failed and/or refused to prosecute this claim. 4. Therefore, the respondents’ MTD without prejudice filed September 23, 2024, should be and hereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission Rule 099.13. This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may retain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). If they have not already done so, the respondents hereby are ordered to pay the court reporter’s invoice within twenty (20) days of their receipt thereof. IT IS SO ORDERED. ____________________________ Mike Pickens Administrative Law Judge MP/mp

Matt A. Rake, AWCC No. H301672 4