{"id":"alj-H003953-2023-04-11","awcc_number":"H003953","decision_date":"2023-04-11","opinion_type":"alj","claimant_name":"Samuel Tilotta","employer_name":"Dollar General","title":"TILOTTA VS. DOLLAR GENERAL AWCC# H003953 APRIL 11, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/TILOTTA_SAMUEL_H003953_20230411.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TILOTTA_SAMUEL_H003953_20230411.pdf","text_length":2594,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H003953 \n \nSAMUEL TILOTTA, Employee          CLAIMANT \n \nDOLLAR GENERAL, Employer        RESPONDENT \n \nYORK RISK SERVICES GROUP, INC., Carrier/TPA     RESPONDENT \n \n \n OPINION FILED APRIL 11, 2023 \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 DAVID C. JONES, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On  October  3,  2021,  the  claimant’s  previous  attorney,   Laura  Beth  York,  filed  a \nPrehearing  Questionnaire  with  the  Commission  requesting  a  hearing  on  the  claimant’s  right  to \nreceive permanent partial disability benefits. The hearing request was withdrawn by Ms. York on \nOctober  5,  2021,  indicating  issues  had  been  resolved.  Ms.  York  filed  a  Motion  to  Withdraw  as \nCounsel  with  the  Commission  on  October  13,  2021.  October  29,  2021,  the  Full  Commission \nentered an Order allowing her to withdraw as Claimant’s counsel. No further action was taken on \nthis claim. \n On  November  30,  2022,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim  be  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  February  2,  2023. \nNotice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on \nDecember 21, 2022. United States Postal Department records indicate that claimant received and \n\n \n \n-2- \nsigned  for  the  notice  on  December  28,  2022.  On  January  3,  2023,  Claimant  notified  the \nCommission  that  he  wished  to  request  a  hearing  for  additional  benefits,  but  later  decided  to \nwithdraw   that   request   and   submitted   a   Withdrawal   of   Hearing   Request   and   Waiver   of \nAppearance with the Commission on January 24, 2023. Due to inclement weather, the Motion to \nDismiss hearing was rescheduled to March 2, 2023. \nAfter  a  review of  the  respondents’  Motion  to  Dismiss,  the  claimant’s lack  of  desire  to \npursue  his  claim,  and  his  waiver  of  appearance  at  the  scheduled  hearing,  as  well  as  all  other \nmatters properly before the Commission, I find that the respondents’ Motion to Dismiss should \nand hereby is granted 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. H003953 SAMUEL TILOTTA, Employee CLAIMANT DOLLAR GENERAL, Employer RESPONDENT YORK RISK SERVICES GROUP, INC., Carrier/TPA RESPONDENT OPINION FILED APRIL 11, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arka...","fetched_at":"2026-05-19T23:08:24.778Z","links":{"html":"/opinions/alj-H003953-2023-04-11","pdf":"https://labor.arkansas.gov/wp-content/uploads/TILOTTA_SAMUEL_H003953_20230411.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}