{"id":"alj-H009640-2023-12-22","awcc_number":"H009640","decision_date":"2023-12-22","opinion_type":"alj","claimant_name":"James Washington","employer_name":"Evergreen Packaging","title":"WASHINGTON VS. EVERGREEN PACKAGING AWCC# H009640 DECEMBER 22, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WASHINGTON_JAMES_H009640_20231222.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WASHINGTON_JAMES_H009640_20231222.pdf","text_length":2547,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H009640 \n \nJAMES WASHINGTON, EMPLOYEE       CLAIMANT \n \nEVERGREEN PACKAGING, EMPLOYER          RESPONDENT \n \nACE AMERICAN INSURANCE Co., CARRIER         RESPONDENT \n \nESIS, Inc., TPA              RESPONDENT \n \n \n \nOPINION FILED 22 DECEMBER 2023 \n \n \nOn  hearing  before Arkansas Workers’ Compensation Commission (AWCC) Administrative \nLaw Judge JayO. Howe, 20 December 2023, in Little Rock, Pulaski County, Arkansas. \n \nThe  claimant,  represented  by  Mr.  Steven  R.  McNeely, Attorney-at-Law  of  Jacksonville, \nArkansas, did not appear. \n \nMr.  William  C.  Frye,  Attorney-at-Law  of  North  Little  Rock,  Arkansas, appeared for  the \nrespondents. \n \nI.  STATEMENT OF THE CASE \n \nThe above-captioned case was heard on 20 December 2023 in Little Rock, Arkansas, after \nthe respondents  filed  a  Motion  to  Dismiss  for  the  claimant’s  failure  to  prosecute  any \njusticiable issues. A full hearing was conducted in this matter on 12 January 2023 in Pine \nBluff,  Arkansas.  An  Opinion  and  Order  dated  4  April  2023  was  entered, finding  that  the \nclaimant failed to meet his burden on his claims and, accordingly, dismissing those claims. \nThat Order was not appealed. \nOn  16  October  2023,  the  respondents  moved  for  a  dismissal  without  prejudice  of  any \nremaining claims based on the claimant’s failure to take any action on the matter since the \n12 January 2023 hearing. The Commission sent Notice of that motion and subsequent notice \nof  the  hearing  set  on  that  motion  to  the  address  maintained  for  the  claimant  in  the \n\nWASHINGTON- H009640  \n2 \n \nCommission’s files, and no response or return on those mailings was received. The claimant \ndid not appear to offer evidence or argument opposing the respondents’ motion. \nArkansas Code Annotated § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice  after  six (6) months  without  a bona  fide request  for  a  hearing.  Our  Rule 099.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter should \nbe dismissed without prejudice. \nII.  ORDER \n Consistent with the above, this matter should be and hereby is DISMISSED \nWITHOUT PREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H009640 JAMES WASHINGTON, EMPLOYEE CLAIMANT EVERGREEN PACKAGING, EMPLOYER RESPONDENT ACE AMERICAN INSURANCE Co., CARRIER RESPONDENT ESIS, Inc., TPA RESPONDENT OPINION FILED 22 DECEMBER 2023 On hearing before Arkansas Workers’ Compensation Commission (AWC...","fetched_at":"2026-05-19T23:00:02.360Z","links":{"html":"/opinions/alj-H009640-2023-12-22","pdf":"https://labor.arkansas.gov/wp-content/uploads/WASHINGTON_JAMES_H009640_20231222.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}