{"id":"alj-H102482-2023-02-24","awcc_number":"H102482","decision_date":"2023-02-24","opinion_type":"alj","claimant_name":"Buruji Ainab","employer_name":"Simmons Prepared Foods Inc","title":"AINAB VS. SIMMONS PREPARED FOODS INC. AWCC# H102482 FEBRUARY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//AINAB_BURUJI_H102482_20230224.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"AINAB_BURUJI_H102482_20230224.pdf","text_length":2232,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H102482 \n \nBURUJI AINAB, EMPLOYEE   CLAIMANT \n \nSIMMONS PREPARED FOODS INC., EMPLOYER RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES INC.INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED FEBRUARY 24, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington \nCounty, Arkansas. \n \nClaimant is not represented and did not appear at the hearing. \n \nRespondents are represented by R. SCOTT ZUERKER, Attorney, Fort Smith, Arkansas \n \nOPINION/ORDER \n \nOn  March 10, 2021, claimant filed Form AR-C, alleging a compensable injury on November \n15, 2019.   Claimant was represented at the time by Wesley A. Cottrell, who filed a Motion to Withdraw \non August 8, 2022 and was allowed to withdraw on September 11, 2022. No other attorney entered \nan appearance on claimant’s behalf.     \nOn September 19, 2022, respondent filed a Motion to Dismiss, alleging that it had been more \nthan six months since claimant filed her Form AR-C with the Commission, but she had not made a \nrequest for a hearing in that time. A hearing on  respondent’s Motion to Dismiss was scheduled for \nFebruary 16, 2023.  Notice of the scheduled hearing was sent to claimant by certified mail at the last \nknown address  in  the  Commission’s  file.    The  notice  was  returned  unclaimed  on  January  23, \n2023    Claimant did not respond to Respondent’s motion and did not appear in person at the hearing \non February 16, 2023.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nAinab-H102482 \n \n2 \n \nhearing has been made in this file.  After my review of the Respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the Respondent’s motion, as well as all other matters \nproperly before the Commission, I find that Respondent’s Motion to Dismiss this claim should be \nand hereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H102482 BURUJI AINAB, EMPLOYEE CLAIMANT SIMMONS PREPARED FOODS INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC.INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED FEBRUARY 24, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Sp...","fetched_at":"2026-05-19T23:10:35.200Z","links":{"html":"/opinions/alj-H102482-2023-02-24","pdf":"https://labor.arkansas.gov/wp-content/uploads//AINAB_BURUJI_H102482_20230224.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}