{"id":"alj-G908302-2023-04-18","awcc_number":"G908302","decision_date":"2023-04-18","opinion_type":"alj","claimant_name":"Gary Winn","employer_name":"Conley Transport Ii, Inc","title":"WINN VS. CONLEY TRANSPORT II, INC. AWCC# G908302 APRIL 18, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WINN_GARY_G908302_20230418.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WINN_GARY_G908302_20230418.pdf","text_length":2773,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. G908302 \n \nGARY LEON WINN (Dec’d), EMPLOYEE     CLAIMANT \n \nCONLEY TRANSPORT II, INC. EMPLOYER            RESPONDENT  \n \nCHEROKEE INSURANCE COMPANY,  \nCARRIER/TPA             RESPONDENT    \n         \nOPINION FILED APRIL 18, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on April 18, 2023. \n \nClaimant is represented by Phillip Wells, Attorney-at-Law, of Jonesboro, Arkansas, \nwho  waived  the  right  to  appear  after  discussing  the  matter  with  family  members \nand confirming that the claimant is deceased. \n \nRespondents are represented by R. Scott Zuerker , Attorney-at-Law, of Fort Smith, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the above  styled  matter  on  April  18,  2023,  in  Little  Rock, \nArkansas, on  respondent’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 passed away on January 7, 2023.  The claimant’s death \nwas determined to not be related to the accepted workers’ compensation injury where the \nclaimant had been determined totally disabled.  An AR-C form had been filed on or about \nJanuary  27,  2020,  alleging  that  the  claimant  had  sustained  a  work-related  injury  on \nNovember  25,  2019.  More  than  six  (6)  months  have  passed  since  the  claimant’s  last \nactions  in  this  matter.    A  request  for  the  matter  to  be  dismissed  was  made  by  the \nrespondents  on  March  9, 2023,  and  the  claimant’s  representative  filed  a  response, \nwaiving the right to appear and affirmatively stating that the claimant was deceased.   \n\nWINN – G908302 \n \n2 \n \nA hearing was set for April 18, 2022, after proper notice to the parties, in regard to \nthe Motion to Dismiss.  The claimant and his representative did not appear at the hearing.  \nAt  the  time  of  the  hearing,  Scott  Zuerker  appeared  on  behalf  of  the  respondents and \nasked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondent’s \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed with prejudice. \nORDER \n \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 with prejudice at this time.   \nIT IS SO ORDERED: \n \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. G908302 GARY LEON WINN (Dec’d), EMPLOYEE CLAIMANT CONLEY TRANSPORT II, INC. EMPLOYER RESPONDENT CHEROKEE INSURANCE COMPANY, CARRIER/TPA RESPONDENT OPINION FILED APRIL 18, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski ...","fetched_at":"2026-05-19T23:08:37.325Z","links":{"html":"/opinions/alj-G908302-2023-04-18","pdf":"https://labor.arkansas.gov/wp-content/uploads/WINN_GARY_G908302_20230418.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}