{"id":"alj-H003296-2024-03-13","awcc_number":"H003296","decision_date":"2024-03-13","opinion_type":"alj","claimant_name":"Joseph Duckworth","employer_name":"B R Mcginity Mechanical Contractors Co","title":"DUCKWORTH VS. B R MCGINITY MECHANICAL CONTRACTORS CO. AWCC# H003296 MARCH 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:11","granted:1","denied:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/DUCKWORTH_JOSEPH_H003296_20240313.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DUCKWORTH_JOSEPH_H003296_20240313.pdf","text_length":3719,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H003296 \n \nJOSEPH DUCKWORTH, EMPLOYEE        CLAIMANT \n \nB R MCGINITY MECHANICAL CONTRACTORS CO., INC.         RESPONDENT \n \nEMASCO INSURANCE COMPANY, CARRIER / \nEMPLOYERS MUTUAL CASUALTY COMPANY, TPA         RESPONDENT \n            \nOPINION FILED MARCH 13, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on March 5, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by Ms. Karen H. McKinney, Attorney-at-Law of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on March 5, 2024, in Little Rock, \nArkansas on respondents’ Fourth 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 was pro se and failed to appear for the hearing.  The \nclaim involved  an  alleged  injury  to  the  claimant’s  back,  spine,  and  abdomen,  on \nSeptember 24, 2019.  The respondents had filed an initial Motion to Dismiss on April 1, \n2021, and a supplemental Motion to Dismiss on October 27, 2021.  The Motion to Dismiss \nwas denied.  Another Motion to Dismiss was then later filed on April 28, 2023.  On May \n19, 2023, the claimant’s attorney emailed the Commission requesting that this matter be \nassigned to an administrative law judge.  A Prehearing Order was issued scheduling this \nmatter  for  a  hearing  On  October  3,  2023.    Prior  to  the  scheduled  hearing,  the  parties \nreached  an  amicable  Joint  Petition  settlement,  and  the  hearing  was  removed  from  the \n\ndocket and a Joint Petition hearing was scheduled for September 26, 2023.  Prior to the \nhearing on the Joint Petition, the claimant changed his mind in regard to the settlement \nof the matter by a joint petition.  At this point, the claimant’s attorney filed  a  Motion  to \nWithdraw as Counsel, which was granted by the Full Commission on December 1, 2023.  \nThe claimant has failed to prosecute the claim and has not requested a hearing in the \npast six (6) months.  \nAnother Motion to Dismiss was filed on January 9, 2024, requesting that the matter \nbe dismissed for failure to prosecute pursuant to Commission Rule 099.13 and Ark. Code \nAnn. §11-9-702(a)(4) and Ark. Code Ann. §11-9-702(d).  The claimant has not requested \na hearing to date and more than six (6) months have passed since the filing of the original \nclaim, nor is there any record of him contacting the Commission after the date his attorney \nwas allowed to withdraw.   \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for March 5, 2024, in Little Rock, Arkansas.  The claimant did \nnot file a response and failed to appear on the hearing date.  At the time of the hearing, \nKaren H. McKinney appeared on behalf of the respondents and asked that the matter be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, it is found that this matter should be dismissed without prejudice, for failure \nto prosecute  pursuant to Arkansas Code Annotated §11-9-702  and  Rule  099.13  of  the \nArkansas Workers’ Compensation Act. \nORDER \n\n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H003296 JOSEPH DUCKWORTH, EMPLOYEE CLAIMANT B R MCGINITY MECHANICAL CONTRACTORS CO., INC. RESPONDENT EMASCO INSURANCE COMPANY, CARRIER / EMPLOYERS MUTUAL CASUALTY COMPANY, TPA RESPONDENT OPINION FILED MARCH 13, 2024 Hearing before Administrative Law Judge J...","fetched_at":"2026-05-19T22:56:20.201Z","links":{"html":"/opinions/alj-H003296-2024-03-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/DUCKWORTH_JOSEPH_H003296_20240313.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}