{"id":"alj-G802013-2023-08-29","awcc_number":"G802013","decision_date":"2023-08-29","opinion_type":"alj","claimant_name":"Brian Ward","employer_name":"Cj Mahan Construction Company LLC","title":"WARD VS. CJ MAHAN CONSTRUCTION COMPANY LLC AWCC# G802013 AUGUST 29, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:2"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WARD_BRIAN_G802013_20230829.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WARD_BRIAN_G802013_20230829.pdf","text_length":4619,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. G802013 \n \nBRIAN C. WARD, EMPLOYEE                 CLAIMANT \n \nCJ MAHAN CONSTRUCTION COMPANY LLC, \nEMPLOYER              RESPONDENT  \n \nTRAVELERS INSURANCE COMPANY, \nINSURANCE CARRIER              RESPONDENTS  #1 \n \nDEATH & PERMANENT TOTAL  \nDISABILITY TRUST FUND                    RESPONDENT #2 \n \nOPINION FILED AUGUST 29, 2023 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  on  July  25, \n2023, in Little Rock, Pulaski County, Arkansas. \n \nClaimant is pro se and appeared on his own behalf. \n \nRespondents  are  represented  by  Mr.  Guy  Alton  Wade,  Attorney-at-Law  of \nLittle Rock, Arkansas. \n \nThe Trust Fund, represented by Ms. Christy L. King, Attorney-at-Law of Little \nRock, waived its appearance on the Motion to Dismiss. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  July  25,  2023,  in  Little  Rock, \nArkansas,  on  Respondent #1’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas   Code   Annotated   §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant filed an AR-C on or about April 5, 2018, contending that \nhe had injured his left knee and body while getting down off a bridge on November 30, \n2017, while working on a bridge building project. \n On  or  about  January  12,  2023,  respondent’s  #1  filed  a  Motion  to  Dismiss  For \nFailure  to  Prosecute  by  letter  and  contended  that  the  claimant  had  taken  no  action  to \nrequest a bona fide hearing or to pursue his claim, that all benefits that the claimant was \n\nWARD – G802013 \n \n2 \n \nentitled to had been paid, and consequently the matter should be dismissed.  There was \nno record of the claimant filing a response to the Motion to Dismiss after and the hearing \nwas set for July 25, 2023, after proper notice. \n On the date of the hearing, the respondents were represented by Guy Alton Wade, \nwho provided the claim had been accepted as compensable and that appropriate benefits \nhad  been  paid.    The  claimant  appeared pro  se.    The  representative  for  the  respondents \nprovided that no action had been taken in this matter since September of 2021, when the \nrating was paid out.  While under oath, the claimant admitted that he had previously had \nan attorney who had withdrawn, that he saw Dr. Edwards twice last year, and that he was \nalso seeing Dr. Roman who had been prescribing his medications.   The claimant testified \nthat he was currently on social security disability and was receiving $1600.00 a month, \nthat his wife was taking care of him, and she was able to draw benefits from social security \noff him.  Under cross-examination, the  claimant admitted that he received a functional \ncapacity examination and that he had been placed on “total light duty.”  He also admitted \nthat he had not applied for work.   \n After claimant’s testimony, the claimant was instructed that the matter would be \ntaken under advisement for thirty (30) days and that he needed to take affirmative steps \nto pursue this matter and that he could contact the Legal Advisor Division or obtain an \nattorney.  Further  the  claimant  was  advised  that  workers’  compensation  required \naffirmative steps on his part and if he failed to take any affirmative action, the claim would \nbe treated as if he had quit.  The claimant’s father, who was in the  courtroom and who \nhad not been sworn, volunteered that the claimant would need a knee replacement every \nfifteen (15) years.    \n\nWARD – G802013 \n \n3 \n \n The claimant testified that he had originally had the Rainwater Firm representing \nhim  and  that  he  had  contacted  the  Hart  Firm  and  other  attorneys  in  regard  to \nrepresentation but had not retained an attorney at the time of the hearing.  \n   After a review of the record as a whole, which includes all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for the \nrespondents,  as  well  as  the  claimant’s  statements,  and  after  taking  the  matter  under \nadvisement for thirty (30) plus days and the claimant taking no affirmative steps during \nthat  period  of  time  to  pursue  his  claim,  there  is  no  alternative  but  to  find  that  that  the \nMotion to Dismiss should be granted pursuant to Rule 099.13 of the Arkansas Workers’ \nCompensation Act and Arkansas Code Annotated § 11-9-702. \nIT IS SO ORDERED. \n                \n      ____________________________ \n                  JAMES D. KENNEDY \n                 ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. G802013 BRIAN C. WARD, EMPLOYEE CLAIMANT CJ MAHAN CONSTRUCTION COMPANY LLC, EMPLOYER RESPONDENT TRAVELERS INSURANCE COMPANY, INSURANCE CARRIER RESPONDENTS #1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 OPINION FILED AUGUST 29, 2023 Hearing b...","fetched_at":"2026-05-19T23:04:30.916Z","links":{"html":"/opinions/alj-G802013-2023-08-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/WARD_BRIAN_G802013_20230829.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}