{"id":"alj-G902659-2023-07-06","awcc_number":"G902659","decision_date":"2023-07-06","opinion_type":"alj","claimant_name":"Clarence Guthrie","employer_name":"Whitten Concrete Co","title":"GUTHRIE VS. WHITTEN CONCRETE CO. AWCC# G902659 & G903849 JULY 6, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GUTHRIE_CLARENCE_G902659_G903849_20230706.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GUTHRIE_CLARENCE_G902659_G903849_20230706.pdf","text_length":2754,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM Nos. G902659 & G903849 \n \nCLARENCE GUTHRIE, EMPLOYEE          CLAIMANT \n \nWHITTEN CONCRETE CO., EMPLOYER               RESPONDENT  \n \nMIDWEST INSURANCE CO. CARRIER/TPA                           RESPONDENT \n \nDEATH & PERMANENT TOTAL DISABILITY TRUST FUND       RESPONDENT \n \nOPINION FILED 6 JULY 2023 \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on 3 May 2023. \n \nClarence  Guthrie,  deceased,  failed  to  appear.  No  person  appeared  on  behalf  the \nestate of Mr. Guthrie. \n \nMr.  Michael C.  Stiles,  Attorney-at-Law,  appeared  on  behalf  of  the  respondent \nemployer and carrier. \n \nThe Trust Fund waived its appearance. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  3  May 2023,  in  Little  Rock, \nArkansas, on respondents’ Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Ann. § 11-9-702 and/or Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaim involves workplace injuries occurring on or about 19 April 2019 and 12 June 2019, in \nclaims  G902659  and  G903849,  respectively.  An  employer/employee  relationship  existed  at \nthe time of the accidents, and both claims were accepted as compensable, with benefits paid \non each of those claims.  \nThe  claimant  passed  away, from  causes  apparently  unrelated to  either  injury, on  3 \nOctober  2021.  Around  the  time  of  the  claimant’s  passing,  discussions  were  held  around \npossible  settlement  on  both  open  claims.  Those  efforts  were  frustrated  by  the  difficulty \naround finding an appropriate administrator or administratrix for the claimant’s estate, and \n\nGuthrie- G902659 & G903849 \n2 \n \nthe claimant’s attorney ultimately withdrew representation, with leave of the Commission, \non 23 February 2022.  \n The  claims  sat  undisturbed  until  the  respondents  filed  their  Motion  to  Dismiss  for \nwant of prosecution on 24 February 2023. Since that time, again, no party has come forward \nto act on behalf of the claimant’s estate. Given the passage of time, the respondents’ Motion \nis appropriate. \n Based  on  the  record, counsel’s  representations,  and  evidence  before  me,  I  am \ncompelled to find that the Motion to Dismiss should be granted due to the claimant’s lack of \nprosecution and the matter should be dismissed without prejudice.  \nORDER \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice at this time.   \nSO ORDERED. \n \n \n      _____________________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM Nos. G902659 & G903849 CLARENCE GUTHRIE, EMPLOYEE CLAIMANT WHITTEN CONCRETE CO., EMPLOYER RESPONDENT MIDWEST INSURANCE CO. CARRIER/TPA RESPONDENT DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT OPINION FILED 6 JULY 2023 Hearing before Administrative La...","fetched_at":"2026-05-19T23:05:02.096Z","links":{"html":"/opinions/alj-G902659-2023-07-06","pdf":"https://labor.arkansas.gov/wp-content/uploads/GUTHRIE_CLARENCE_G902659_G903849_20230706.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}