{"id":"alj-H008267-2023-06-27","awcc_number":"H008267","decision_date":"2023-06-27","opinion_type":"alj","claimant_name":"Craig Chism","employer_name":"Pathfinder Inc","title":"CHISM VS. PATHFINDER INC. AWCC# H008267 JUNE 27, 2023","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:2"],"injury_keywords":["ankle","hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CHISM_CRAIG_H008267_20230627.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CHISM_CRAIG_H008267_20230627.pdf","text_length":2521,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H008267 \n \nCRAIG CHISM, EMPLOYEE          CLAIMANT \n \nPATHFINDER INC., EMPLOYER              RESPONDENT  \n \nATA WC TRUST/ RISK MANAGEMENT RESOURCES  \nCARRIER/TPA              RESPONDENT   \n         \nOPINION FILED JUNE 27, 2023 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  in  Little  Rock, \nArkansas, on June 27, 2023. \n \nClaimant is Pro Se and did not appear. \n \nRespondents are represented by Ms. Carol Lockard Worley, Attorney-at-Law, Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on  June 27, 2023, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.  The claimant had contended he sustained an injury to his right ankle, leg and hip on \nor about October 10, 2022.  The claimant was previously represented by Laura Beth York, \nwho was allowed to withdraw by an Order of the Full Commission on April 18, 2023.  The \nrespondents  filed  a  Motion  to  Dismiss  for  Failure  to  Prosecute  on  April  28,  2023, \ncontending  that  the  claimant  had  failed  to  prosecute  the  claim  and  that  no bona  fide \nrequest for a hearing had been made within six months of filing the claim. The claimant \nfailed to respond to the Motion to Dismiss.      \nA  hearing  was  set  for  June  27,  2023,  in  regard  to  the  Motion  to  Dismiss.    The \nclaimant failed to appear at the hearing after proper notice.  At the time of the hearing, \n\nCHISM – H008267 \n \n2 \n \nCarol  Worley  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 had an opportunity to hear the statements of the respondent’s \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice pursuant to Rule \n099.13 of  the  Arkansas  Workers’  Compensation  Act  and  Ark.  Code  Ann.  §11-9-702  at \nthis time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H008267 CRAIG CHISM, EMPLOYEE CLAIMANT PATHFINDER INC., EMPLOYER RESPONDENT ATA WC TRUST/ RISK MANAGEMENT RESOURCES CARRIER/TPA RESPONDENT OPINION FILED JUNE 27, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on June...","fetched_at":"2026-05-19T23:06:48.700Z","links":{"html":"/opinions/alj-H008267-2023-06-27","pdf":"https://labor.arkansas.gov/wp-content/uploads//CHISM_CRAIG_H008267_20230627.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}