{"id":"alj-H000463-2025-01-14","awcc_number":"H000463","decision_date":"2025-01-14","opinion_type":"alj","claimant_name":"Charles Mainor","employer_name":"Transco Lines, Inc","title":"MAINOR VS. TRANSCO LINES, INC. AWCC# H000463 January 14, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2","denied:1"],"injury_keywords":["neck","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MAINOR_CHARLES_H000463_20250114.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MAINOR_CHARLES_H000463_20250114.pdf","text_length":2606,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H000463 \n \nCHARLES MAINOR, Employee      CLAIMANT \n \nTRANSCO LINES, INC., Employer     RESPONDENT \n \nLIBERTY MUTUAL GROUP, Carrier/TPA     RESPONDENT \n \n \n OPINION FILED JANUARY 14, 2025  \n \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 ZACHARY F. RYBURN, Attorney at Law, Little rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn October 5, 2022, the claimant’s attorney, Laura Beth York, filed an AR-C requesting \nvarious  compensation  benefits  in  which he alleged  injuries  to his neck  and  back on  or  about \nDecember 10, 2019. The claim was denied in its entirety.  \nOn September 19, 2024, Ms. York filed a Motion to Withdraw as Counsel, which the Full \nCommission granted on October 18, 2024. No further action was taken regarding this claim. \n On October 21, 2024, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for December 19, 2024. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on November 14, \n2024,  and  November  27,  2024. United  States  Postal  Department  records  indicate  that  claimant \nreceived  and  signed  for  the  notice  on November  18,  2024,  and  on  December  7,  2024.  Despite \n\nMainor – H000463 \n \n-2- \nhaving received notice of the scheduled hearing, the claimant failed to appear at the hearing and \nhas failed to respond to the motion in any form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H000463 CHARLES MAINOR, Employee CLAIMANT TRANSCO LINES, INC., Employer RESPONDENT LIBERTY MUTUAL GROUP, Carrier/TPA RESPONDENT OPINION FILED JANUARY 14, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansa...","fetched_at":"2026-05-19T22:44:19.859Z","links":{"html":"/opinions/alj-H000463-2025-01-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MAINOR_CHARLES_H000463_20250114.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}