{"id":"alj-G907485-2023-11-15","awcc_number":"G907485","decision_date":"2023-11-15","opinion_type":"alj","claimant_name":"Kenneth Evans","employer_name":"Forest Heights Stem Academy","title":"EVANS VS. FOREST HEIGHTS STEM ACADEMY AWCC# G907485 NOVEMBER 15, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/EVANS_KENNETH_G907485_20231115.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"EVANS_KENNETH_G907485_20231115.pdf","text_length":2535,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No G907485 \n \nKENNETH EVANS, EMPLOYEE       CLAIMANT \n \nFOREST HEIGHTS STEM ACADEMY, EMPLOYER        RESPONDENT \n \nARKANSAS SCHOOL BOARDS ASSOCIATION,            \nCARRIER/TPA                   RESPONDENT \n \n \nOPINION FILED 15 NOVEMBER 2023 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 15 November 2023, Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant failed to appear. \n \nMs. Melissa Wood, Attorney-at-Law of Little Rock, Arkansas,  appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 15 November 2023. This case relates to a workplace injury from 9 October \n2019.  Multiple Form AR-Cs have been filed with the Commission over the years, as reflected \nin the Commission’s file and the respondents’ documents supplied in support of their motion. \nSee Commission’s Exhibit No 1.  On 8 February 2023,  a hearing was conducted and an opinion \nwas issued on 7 August 2023 dispensing with several issues. \n The Full Commission entered an Order relieving the claimant’s counsel of record on 6 \nSeptember 2023. On 12 September 2023, the respondents filed the immediate Motion to \nDismiss for the claimant’s failure to prosecute any remaining claims associated with his \nworkplace injury. As argued in the respondents’ motion, the file reflects no request for a \nhearing  on a claim  in  the  relevant  time  preceding  the  filing  of  that  motion. Notice  of  that \nMotion  and  notice  of the  hearing  on  that Motion were sent  to  the  address  provided  by  the \n\nK. EVANS- G907485  \n2 \n \nclaimant, but the Commission received no response. The claimant failed to appear to resist \nthe Motion  to Dismiss  any  claims  remaining  in  this  matter.  The  respondents  appeared, \npresented their Motion, and offered supporting evidence into the record. \n Our  Rule 099.13  provides  for  a  dismissal  for  failure  to  prosecute  an  action  upon \napplication by either party. Based on the record, available evidence, and the arguments of \nthe respondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted \nand that the matter should be dismissed without prejudice. \nII.  ORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No G907485 KENNETH EVANS, EMPLOYEE CLAIMANT FOREST HEIGHTS STEM ACADEMY, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION, CARRIER/TPA RESPONDENT OPINION FILED 15 NOVEMBER 2023 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrati...","fetched_at":"2026-05-19T23:00:29.674Z","links":{"html":"/opinions/alj-G907485-2023-11-15","pdf":"https://labor.arkansas.gov/wp-content/uploads/EVANS_KENNETH_G907485_20231115.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}