{"id":"alj-H100386-2023-01-06","awcc_number":"H100386","decision_date":"2023-01-06","opinion_type":"alj","claimant_name":"Trevor Gallant","employer_name":"Fusion Properties, Inc","title":"GALLANT VS. FUSION PROPERTIES, INC. AWCC# H100386 JANUARY 6, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GALLANT_TREVOR_H100386_20230106.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GALLANT_TREVOR_H100386_20230106.pdf","text_length":2432,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H100386 \n \nTREVOR GALLANT, Employee        CLAIMANT \n \nFUSION PROPERTIES, INC., Employer     RESPONDENT \n \nBRIDGEFIELD CASUALTY INS. CO., Carrier/TPA       RESPONDENT \n \n \n OPINION FILED JANAURY 6, 2023  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by, LAURA J. PEARCE, Attorney at Law, Fort Smith, Arkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \n On  January  7,  2021,  the  claimant  filed  an  AR-C requesting  various  compensation \nbenefits.  The  claim  was  controverted  in  its  entirety.  There  has  been  no  request  for  a  hearing  or \nadditional activity by the claimant since the filing of the Form AR-C.  \n On October 18, 2022, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for December 1, 2022. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on November 1, \n2022. United States Postal Department records indicate that claimant received and signed for the \nnotice on November 3, 2022. The claimant contacted the Legal Advisor division of the Arkansas \nWorkers’  Compensation  Commission  in  Little  Rock,  Arkansas,  and  was  directed  to  contact  the \nWorkers’  Compensation  Commission  office  in  Springdale,  Arkansas.  The  claimant  spoke  with \n\nGallant – H100386 \n \n \n-2- \nmy  administrative  assistant  on  November  4,  2022,  and  indicated  he  does  not  object  to  the \ndismissal and does not wish to proceed with his claim. He also informed the Commission he will \nnot attend the hearing scheduled for December 1, 2022. \nAfter  a  review of  the  respondents’  Motion  to  Dismiss,  the  claimant’s lack  of  desire  to \npursue his claim, and his failure  to appear at the  scheduled hearing, as  well as all other matters \nproperly  before  the  Commission,  I  find  that  the  respondents’  Motion  to  Dismiss  should  and \nhereby is granted pursuant to Commission Rule 099.13. This dismissal is without prejudice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H100386 TREVOR GALLANT, Employee CLAIMANT FUSION PROPERTIES, INC., Employer RESPONDENT BRIDGEFIELD CASUALTY INS. CO., Carrier/TPA RESPONDENT OPINION FILED JANAURY 6, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian Cou...","fetched_at":"2026-05-19T23:11:00.346Z","links":{"html":"/opinions/alj-H100386-2023-01-06","pdf":"https://labor.arkansas.gov/wp-content/uploads/GALLANT_TREVOR_H100386_20230106.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}