{"id":"alj-H000230-2023-02-14","awcc_number":"H000230","decision_date":"2023-02-14","opinion_type":"alj","claimant_name":"Wesley Wright","employer_name":"Les Rogers Inc","title":"WRIGHT VS. LES ROGERS INC. AWCC# H000230 FEBRUARY 14, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WRIGHT_WESLEY_H000230_20230214.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WRIGHT_WESLEY_H000230_20230214.pdf","text_length":2619,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H000230 \n \nWESLEY WRIGHT, Employee      CLAIMANT \n \nLES ROGERS INC., Employer      RESPONDENT \n \nTRAVELERS INDEMNITY CO., Carrier/TPA       RESPONDENT \n \n \n OPINION FILED FEBRUARY 14, 2023  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by, AMY C. MARKHAM, Attorney at Law, Little Rock, Arkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \n On  February  27,  2020,  December  10,  2021,  and  May  13,  2022,  the  claimant’s  previous \nattorney,  Laura  Beth  York,  filed  an  AR-C requesting  various  compensation  benefits,  alleging \ninjuries  to  his  left  and  right  ribs,  left  lung,  left  shoulder  and  other  whole  body  on  or  about \nJanuary 9, 2020. Thereafter, on  August 15, 2022,  Ms. York filed a Motion to Withdraw and on \nAugust 25, 2022, the Full Commission entered an Order allowing her to withdraw as claimant’s \ncounsel. No further action was taken on this claim. \n On  November  21,  2022,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim  be  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  January  24,  2023. \nNotice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on \nDecember 2, 2022. That notice was returned by the United States Postal Department with a new \n\nWright – H000230 \n \n-2- \naddress  and  the  notation “Forward  Time  Expired.  Return  to  Sender.”  On  December  12,  2022, \nnotice  was  sent  to  the  claimant  at  his  new  address.  United  States  Postal  Department  records \nindicate  that  the  notice  was  received  and  signed  for  on  December  15,  2022.  Despite  having \nreceived notice of the hearing, no one on the claimant’s behalf appeared at the hearing, nor was \nany contact made with the Commission. \nAfter  a  review of  the  respondents’  Motion  to  Dismiss,  the  claimant’s lack  of  response \nthereto,  and  his  failure  to  appear  at  the  scheduled  hearing,  as  well  as  all  other  matters  properly \nbefore  the  Commission,  I  find  that  the  respondents’  Motion  to  Dismiss  should  and  hereby  is \ngranted pursuant to Commission Rule 099.13. This dismissal is without prejudice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H000230 WESLEY WRIGHT, Employee CLAIMANT LES ROGERS INC., Employer RESPONDENT TRAVELERS INDEMNITY CO., Carrier/TPA RESPONDENT OPINION FILED FEBRUARY 14, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas...","fetched_at":"2026-05-19T23:10:24.551Z","links":{"html":"/opinions/alj-H000230-2023-02-14","pdf":"https://labor.arkansas.gov/wp-content/uploads/WRIGHT_WESLEY_H000230_20230214.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}