{"id":"alj-H102105-2023-05-09","awcc_number":"H102105","decision_date":"2023-05-09","opinion_type":"alj","claimant_name":"Stephen Sadler","employer_name":"Palmetto Engineering","title":"SADLER VS. PALMETTO ENGINEERING AWCC# H102105 MAY 9, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SADLER_STEPHEN_H102105_20230509.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SADLER_STEPHEN_H102105_20230509.pdf","text_length":3026,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H102105 \n \nSTEPHEN SADLER (DEC’D), Employee     CLAIMANT \n \nPALMETTO ENGINEERING, Employer     RESPONDENT \n \nTRISTAR CLAIMS MANAGEMENT SERVICES, Carrier/TPA  RESPONDENT \n \n \n OPINION FILED MAY 9, 2023  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Russellville,  Pope \nCounty, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by JOSEPH H. PURVIS, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \nThis case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn  April  13,  2023,  a  hearing  on  Respondents’  Motion  to  Dismiss  was  conducted  in \nRussellville,  Pope  County,  Arkansas. On  January  27,  2023,  the  respondents  filed  a  Motion  to \nDismiss and requested that this case be dismissed for lack of prosecution. On March 14, 2023, a \nhearing  notice  was  sent  to  the  parties  setting  this  matter  for  a  dismissal  hearing  on  April  13, \n2023.  The  claimant’s  notice  was  mailed  to  his  widow  at  her  last  known  mailing  address  by \ncertified  and  regular  mail.  According  to  United  States  Postal  Service  tracking  information,  that \nnotice  was  never  picked  up  by  the  claimant’s  widow.  The  claimant’s  daughter  did,  however, \nreach  out  to  the  Legal  Advisor  division  of  the  Commission  on  February  15,  2023,  for  an \nexplanation  of  the  respondents  filing  of  the  Motion  to  Dismiss  and  impending  hearing  for  that \nmotion. The claimant’s daughter indicated she or her mother would call back if needed. \n\nSadler- H102105 \n \n-2- \nThe  claimant  was  involved  in  a  single  vehicle  accident  on  November  24,  2020,  which \nresulted in his death. No action has been taken by the claimant’s family to prosecute this case. \nGiven  the  lack  of  activity  or  effort  to  prosecute  and  move  this  case  forward  and  the \nclaimant’s  widow’s  lack  of  attendance  at  the  hearing,  I  do  think  it  is  appropriate  that  I  dismiss \nthis matter without prejudice. \nAfter  a  review  of  the  record  as  a  whole,  to  include  all  matters  properly  before  the \nCommission,  and  having  had  an  opportunity  to  hear  the  statements  of  Respondent  No.  1’s \nattorney,  I  find  that  this  matter  should  be  dismissed  without  prejudice  for  failure  to  prosecute \npursuant to Commission Rule 099.13. \n ORDER \n Pursuant  to the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \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. H102105 STEPHEN SADLER (DEC’D), Employee CLAIMANT PALMETTO ENGINEERING, Employer RESPONDENT TRISTAR CLAIMS MANAGEMENT SERVICES, Carrier/TPA RESPONDENT OPINION FILED MAY 9, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Russellville, Pope ...","fetched_at":"2026-05-19T23:07:24.186Z","links":{"html":"/opinions/alj-H102105-2023-05-09","pdf":"https://labor.arkansas.gov/wp-content/uploads/SADLER_STEPHEN_H102105_20230509.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}