{"id":"alj-H006236-2025-07-31","awcc_number":"H006236","decision_date":"2025-07-31","opinion_type":"alj","claimant_name":"Jimmy Stewart","employer_name":"Simmons Prepared Foods Inc","title":"STEWART VS. SIMMONS PREPARED FOODS INC. AWCC# H006236 July 31, 2025","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/STEWART_JIMMY_H006236_20250731.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"STEWART_JIMMY_H006236_20250731.pdf","text_length":2293,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H006236 \n \nJIMMY STEWART, EMPLOYEE   CLAIMANT \n \nSIMMONS PREPARED FOODS INC., EMPLOYER RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED JULY 31, 2025 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in , Washington County, \nArkansas. \n \nClaimant is represented by JEREMY D. WANN, Attorney, Fort Smith, Arkansas although not \nappearing. \n \nRespondents are represented by R. SCOTT ZUERKER, Attorney, Fort Smith Arkansas \n \nOPINION/ORDER \n \n On  September 10, 2020, claimant filed Form AR-C, alleging a compensable injury on August \n5,  2020.   Claimant    was  represented  at  the  time  by Attorney  Jeremy  D.  Wann,  who  remains  his \nattorney of record.     \nOn April 7, 2025, respondent filed a Motion to Dismiss, alleging that it had been more than \nsix months since claimant filed his Form AR-C with the Commission, but he had not made a request \nfor a hearing in that time.   A hearing on respondent’s Motion to Dismiss was scheduled for July 21, \n2025.  Notice of the scheduled hearing was sent to claimant by certified mail at the last known address \nin the Commission’s file.  The notice was returned unclaimed on July  2,  2025.    Claimant  did  not \nrespond  to respondent’s  motion  and  did  not  appear  in  person  at  the  hearing  on July  21, \n2025.  Claimant’s counsel was notified by email of the hearing date and time after acknowledging that \nhe was available for this hearing, but did not appear.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nStewart-H006236 \n \n2 \n \nhearing has been made in this file.  After my review of the respondent’s motion, the claimant’s lack of \nresponse and failure to attend the hearing for the respondent’s motion, as well as all other matters \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                    \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H006236 JIMMY STEWART, EMPLOYEE CLAIMANT SIMMONS PREPARED FOODS INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED JULY 31, 2025 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in , Wa...","fetched_at":"2026-05-19T22:39:19.918Z","links":{"html":"/opinions/alj-H006236-2025-07-31","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/STEWART_JIMMY_H006236_20250731.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}