{"id":"alj-H000197-2025-04-01","awcc_number":"H000197","decision_date":"2025-04-01","opinion_type":"alj","claimant_name":"David Calkin","employer_name":"Medic One, LLC","title":"CALKIN VS. MEDIC ONE, LLC AWCC# H000197 April 01, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["shoulder","knee","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CALKIN_DAVID_H000197_20250401.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CALKIN_DAVID_H000197_20250401.pdf","text_length":2784,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H000197 \nDAVID CALKIN, EMPLOYEE       CLAIMANT \n \nMEDIC ONE, LLC, EMPLOYER      RESPONDENT  \n \nONE REPUBLIC INSURANCE CO.,  \nCARRIER/TPA        RESPONDENT   \n \nOPINION FILED APRIL 1, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on March 11, 2025. \nClaimant is Pro Se and did not appear. \nRespondents are represented by Michael C. Styles, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on March 11, 2025, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.  The claimant contended that he sustained a work-related injury to his left shoulder \nand left knee and other “whole body” on October 20, 2019, when he fell off the back of \nthe ambulance landing on his side.  A First Report of Injury was filed on January 16, 2020, \nand  an AR -2  was  filed  on January 17, 2020.   An AR – C  was  filed on  April  20, 2020, \nstating that the claimant fell off the back of an ambulance while working, and sustained \ninjuries to his left shoulder, left knee, and other “whole body.”  The claimant was originally \nrepresented by Laura Beth York, who was allowed to withdraw by an Order of The Full \nCommission dated February 3, 2022.  No bona fide request for a hearing has been made \nwithin six (6) months of the filing of the claim.  A Motion to Dismiss for failure to prosecute \n\nDAVID CALKIN – H000197 \n2 \n \nwas  filed  on or  about December  27, 2024, and  the  claimant  failed  to  respond  to  the \nmotion.   \nA hearing  was  set  for March  11, 2025, in  regard to the Motion  to Dismiss.  The \nclaimant failed to appear at the hearing after proper notice to his last known address.  At \nthe time of the hearing, Michael C. Styles 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 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 pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct at this time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H000197 DAVID CALKIN, EMPLOYEE CLAIMANT MEDIC ONE, LLC, EMPLOYER RESPONDENT ONE REPUBLIC INSURANCE CO., CARRIER/TPA RESPONDENT OPINION FILED APRIL 1, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on March 11, 2025...","fetched_at":"2026-05-19T22:41:28.391Z","links":{"html":"/opinions/alj-H000197-2025-04-01","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CALKIN_DAVID_H000197_20250401.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}