{"id":"alj-H006644-2024-01-25","awcc_number":"H006644","decision_date":"2024-01-25","opinion_type":"alj","claimant_name":"Phillip Reese","employer_name":"Hollowell Industries, LLC","title":"REESE VS. HOLLOWELL INDUSTRIES, LLC AWCC# H006644 JANUARY 25, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/REESE_PHILLIP_H006644_20240125.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"REESE_PHILLIP_H006644_20240125.pdf","text_length":3919,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H006644 \n \nPHILLIP REESE, EMPLOYEE        CLAIMANT \n \nHOLLOWELL INDUSTRIES, LLC, EMPLOYER             RESPONDENT \n \nTRAVELERS INDEMNITY CO., CARRIER/TPA                RESPONDENT  \n \n \nOPINION FILED 25 JANUARY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 24 January 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant failed to appear. \n \nMs.  Amy C. Markham, Attorney-at-Law  of  Little  Rock,  Arkansas, appeared for  the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 24 January 2024. This case relates to a workplace injury sustained on 3 \nSeptember 2020. A First Report of Injury was filed with the Commission on 14 September \n2020 indicating that the claimant’s arm was injured when it was caught in machinery. A \nCommission Form AR-2, dated 16 September 2020, was then filed noting that the carrier \naccepted the claim as compensable and was paying benefits. An initial Form C was filed on \nthe claimant’s behalf on 22 September 2020 and then another of the same was filed on 4 \nAugust 2022, noting Ms. Laura Beth York as the claimant’s counsel. \n A Prehearing Telephone Conference was scheduled on this matter for 21 February \n2023, but that was canceled upon the claimant’s request about a month before that \nconference. The matter was returned to the Commission’s General Files at the same time the \nconference was canceled. Then, on 21 June 2023, Ms. York moved to be relieved as counsel. \n\nREESE- H006644 \n2 \n \nIn an Order dated 13 September 2023, the Full Commission granted that Motion. The \nrespondents filed their Motion to Dismiss on 27 November 2023, stating that the claimant \nhad not sought a hearing on any matter at controversy in the six (6) months preceding that \nfiling. \n Notice of the respondents’ Motion, and then notice of a hearing date for that Motion \nwas sent to the claimant on 1 December 2023 and 22 December 2023, respectively. I will note \nthat it is the Commission’s practice for any mail sent to a pro se claimant regarding Motions \nto Dismiss be sent via USPS First-Class mail and USPS Certified Mail. Returned or \nundeliverable mail is added to the claimant’s file. The First-Class mailings of the above-noted \nnotices were not returned to the Commission, but a notice for Certified Mail being \nundeliverable was returned to the Commission dated 6 January 2024..  \nThe  claimant  did  not  file  an  objection  to  the  dismissal  or  appear  at  the  hearing  to \nargue against the respondents’ Motion. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of that \nmotion. Notice  of  that Motion, and  notice  of  the  hearing  on  that Motion  was sent  to  the \naddress provided by the claimant, and the claimant chose not to appear to resist the motion \nto  dismiss this  action.  The  respondents  appeared,  presented their Motion,  and  offered \nsupporting evidence into the record. \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing. Commission \nRule 99.13  provides  for  a  dismissal  for  failure  to  prosecute  an  action  upon  application  by \neither  party. Based  on  the  record, the available  evidence, and the arguments  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nVI.  ORDER \n\nREESE- H006644 \n3 \n \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H006644 PHILLIP REESE, EMPLOYEE CLAIMANT HOLLOWELL INDUSTRIES, LLC, EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO., CARRIER/TPA RESPONDENT OPINION FILED 25 JANUARY 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge J...","fetched_at":"2026-05-19T22:58:46.609Z","links":{"html":"/opinions/alj-H006644-2024-01-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/REESE_PHILLIP_H006644_20240125.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}