{"id":"alj-H004172-2024-04-02","awcc_number":"H004172","decision_date":"2024-04-02","opinion_type":"alj","claimant_name":"Jacob Pringle","employer_name":null,"title":"PRINGLE VS. TOTAL PRECISION, INC.AWCC# H004172April 2, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PRINGLE_JACOB_H004172_20240402.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PRINGLE_JACOB_H004172_20240402.pdf","text_length":2817,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H004172 \n \nJACOB PRINGLE, EMPLOYEE         CLAIMANT \n \nTOTAL PRECISION, INC., EMPLOYER            RESPONDENT \n \nMARKEL SERVICE, Servicing Entity for \nFirstCOMP INSURANCE COMPANY            RESPONDENT \n \nOPINION FILED APRIL 2, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on March 26, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents  are  represented  by Mr. Randy P.  Murphy, 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 26, 2024, in Little Rock, \nArkansas on  respondents’ Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to  Ark. \nCode Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaimant was pro se and failed to appear for the hearing.  The claimant had filed a Form \nAR-C in  March  of  2020, through  his  attorney  Daniel  Wren,  claiming  entitlement to \nadditional benefits due to an injury of the small, fifth finger of the right hand.  The claim \nwas  accepted.  An  AR-2 was  filed  on  or  about  July  7,  2020,  that  did  not provide any \nreason  to  controvert  the  claim. The claimant’s attorney, Daniel Wren, was allowed to \nwithdraw by an Order of the Full Commission dated May 16, 2023.    \n A Motion to Dismiss was filed on or about January 23, 2024, requesting that the \nmatter be dismissed for failure to prosecute pursuant to A.C.A. §11-9-702(a)(4) and Rule \n099.13.  The claimant has not requested a hearing to date and more than six (6) months \n\nhave passed since the filing of the original claim nor is there any record of him contacting \nthe Commission.   \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for March 26, 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, \nRandy P. Murphy, 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  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \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       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H004172 JACOB PRINGLE, EMPLOYEE CLAIMANT TOTAL PRECISION, INC., EMPLOYER RESPONDENT MARKEL SERVICE, Servicing Entity for FirstCOMP INSURANCE COMPANY RESPONDENT OPINION FILED APRIL 2, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Ro...","fetched_at":"2026-05-19T22:55:00.377Z","links":{"html":"/opinions/alj-H004172-2024-04-02","pdf":"https://labor.arkansas.gov/wp-content/uploads/PRINGLE_JACOB_H004172_20240402.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}