{"id":"alj-H103121-2024-02-08","awcc_number":"H103121","decision_date":"2024-02-08","opinion_type":"alj","claimant_name":"Jimmy Foreman","employer_name":"City Of Haskell","title":"FOREMAN VS. CITY OF HASKELL AWCC# H103121 FEBRUARY 8, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/FOREMAN_JIMMY_H302171_20240208.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FOREMAN_JIMMY_H302171_20240208.pdf","text_length":3155,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H302171 \n \nJIMMY G. FOREMAN, EMPLOYEE       CLAIMANT \n \nCITY OF HASKELL, EMPLOYER                     RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE, CARRIER/TPA                RESPONDENT \n  \n \n \nOPINION FILED 8 FEBRUARY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 7 February 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMs.  Mary  K.  Edwards, Attorney-at-Law  of  North  Little  Rock,  Arkansas,  appeared for  the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 7 February 2024.  This case relates to a workplace injury sustained on or \nabout 25 May 2022, with a Form AR-C eventually filed on 4 April 2023 and a First Report of \nInjury filed on 17 April 2023.  A Form AR-2, dated 17 April 2023, was then filed indicating \nan initial denial of the claim for lack of supporting medical documentation.  \n In email correspondence with the Commission dated 7 June 2023, the claimant stated \nthat the emergency department bills at issue were being paid by the respondents and that \nhe had no other issues requiring the Commission’s consideration.  The matter was returned \nto the Clerk’s office, accordingly.  \n The respondents filed their Motion to Dismiss for Failure to Prosecute on 7 December \n2023, stating that the claimant had not sought a hearing on any matter at controversy in the \nsix (6) months preceding that filing. \n\nJ. FOREMAN- H302171 \n2 \n \n Notice of the respondents’ motion and then notice of a hearing date for that motion \nwere sent to the claimant via First Class and Certified mail.  The claimant responded to the \nCommission via email on 4 January 2024, asking about the nature of the hearing. According \nto the email correspondence, he was advised that his attendance was not required if he did \nnot object to the matter being dismissed.  \nThe  claimant  did  not  file  an objection  to  the  dismissal  or  appear  at  the  hearing  to \nargue against the respondents’ motion.  The respondents appeared, presented their motion, \nand offered supporting evidence into the record.  As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \nof that motion.  \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing.  Commission \nRule 099.13 provides for  a  dismissal  for  failure  to prosecute  an  action upon  application  by \neither  party.  Based  on  the  record, the available  evidence, and the  arguments  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nVI.  ORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H302171 JIMMY G. FOREMAN, EMPLOYEE CLAIMANT CITY OF HASKELL, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE, CARRIER/TPA RESPONDENT OPINION FILED 8 FEBRUARY 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge JayO. ...","fetched_at":"2026-05-19T22:57:14.436Z","links":{"html":"/opinions/alj-H103121-2024-02-08","pdf":"https://labor.arkansas.gov/wp-content/uploads/FOREMAN_JIMMY_H302171_20240208.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}