{"id":"alj-G605357-2023-03-16","awcc_number":"G605357","decision_date":"2023-03-16","opinion_type":"alj","claimant_name":"Thang Chu","employer_name":"Rheem Manufacturing Company","title":"CHU VS. RHEEM MANUFACTURING COMPANY AWCC# G605357 & G802364 MARCH 16, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CHU_THANG_G605357G802364_20230316.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CHU_THANG_G605357G802364_20230316.pdf","text_length":2580,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. G605357 & G802364 \n \nTHANG CHU, EMPLOYEE   CLAIMANT \n \nRHEEM MANUFACTURING COMPANY, EMPLOYER RESPONDENT#1 \n \nESIS INC.INSURANCE CARRIER                                                                                 RESPONDENT#1 \n \nDEATH & PERMANENT TOTAL DISABILITY TRUST FUND                                 RESPONDENT#2 \n \nOPINION/ORDER FILED MARCH 16, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian \nCounty, Arkansas. \n \nClaimant is represented by EDDIE H. WALKER, Jr., Attorney, Fort Smith. \n \nRespondents No. 1 are represented by R. SCOTT ZUERKER, Attorney, Fort Smith, Arkansas. \n \nRespondent No. 2 is represented by CHRISTY L. KING, Attorney, Little Rock, Arkansas; although \nnot attending the hearing. \n \nOPINION/ORDER \n \n On  July 28, 2016, claimant filed Form AR-C, alleging a compensable injury on or about July \n31,  2014  for  file  number  G605357.  On  April  10,  2018  claimant  filed  Form  AR-C,  alleging  a \ncompensable injury on or about April 12, 2016 for file number G802364. Claimant was represented \nat the time by Mr. Eddie H. Walker, Jr., who remains his attorney of record.     \nOn December 6, 2022, respondent filed a Motion to Dismiss, alleging that it had been more \nthan six months since claimant filed his Form AR-C with the Commission, but he had not made a \nrequest for a hearing in that time. A hearing on  respondent’s Motion to Dismiss was scheduled for \nMarch  7,  2023.    Notice  of  the  scheduled  hearing  was  sent  to  claimant  by  certified  mail  at  the  last \nknown address in the Commission’s file.  The notice was delivered to claimant on January 12, 2023.   \n\nChu-G605357 & G802364 \n \n2 \n \nClaimant  did  not  respond  to  Respondent’s motion and did not appear in person at the hearing on \nMarch 7, 2023.   \nI find it has been more than six months since prior to this hearing and that no request for a \nhearing has been made in this file.  After my review of the Respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the Respondent’s motion, as well as all other matters \nproperly before the Commission, I find that Respondent’s Motion to Dismiss this claim should be \nand hereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. G605357 & G802364 THANG CHU, EMPLOYEE CLAIMANT RHEEM MANUFACTURING COMPANY, EMPLOYER RESPONDENT#1 ESIS INC.INSURANCE CARRIER RESPONDENT#1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT#2 OPINION/ORDER FILED MARCH 16, 2023 Hearing before ADMINISTRA...","fetched_at":"2026-05-19T23:09:30.104Z","links":{"html":"/opinions/alj-G605357-2023-03-16","pdf":"https://labor.arkansas.gov/wp-content/uploads//CHU_THANG_G605357G802364_20230316.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}