{"id":"alj-H103838-2024-03-13","awcc_number":"H103838","decision_date":"2024-03-13","opinion_type":"alj","claimant_name":"Saul Perez","employer_name":"Southern Tire Mart, LLC","title":"PEREZ VS. SOUTHERN TIRE MART, LLC AWCC# H103838 & H304006 MARCH 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PEREZ_SAUL_H103838-H304006_20240313.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PEREZ_SAUL_H103838-H304006_20240313.pdf","text_length":3512,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H103838 & H304006 \n \nSAUL PEREZ, EMPLOYEE         CLAIMANT \n \nSOUTHERN TIRE MART, LLC EMPLOYER           RESPONDENT \n \nTRAVELERS INDEMNITY CO., CARRIER/TPA          RESPONDENT  \n           \nOPINION FILED MARCH 13, 2024 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  in Little  Rock,  Pulaski \nCounty, Arkansas on March 5, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by Mr. Guy Alton Wade, Attorney-at-Law of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on March  5, 2024, in Little  Rock, \nArkansas on  respondents’ Motion  to  Dismiss for  failure  to  prosecute  pursuant  to  Arkansas \nCode Annotated §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  \nThe claimant was pro se and failed to appear for the hearing.     \nThe claimant’s claim of H103838 First  Report  of  Injury was  filed on April  28,  2021, \nwhere the claimant alleged he felt a pop in his right shoulder while lifting a tire off of a hook.  \nThe  respondents  filed  an  AR-2 on  May  4,  2021,  that  made  no  statement  in  regard  to  the \nposition of the respondents. The respondents later filed a second AR-2 on August 24, 2022, \naccepting the claim as  a shoulder relocation  in regard to the right shoulder.  An AR-4  was \nalso  filed  by  the  respondents  on  August  24,  2022,  which  was  apparently  rejected  by \nCompliance, based upon the filing marks on the document.     \n The claimant later filed  a  second  claim  and  a  Form  AR-C  in  H304006  on  June  23, \n2023, contending that he had injured his shoulder, elbow, and arm.  The Form AR-2 filed on \nJuly 12, 2023, provided that there was no compensable injury to the left elbow.  The claimant \n\nwas originally represented by Mark Alan Peoples in regard to this claim who was allowed to \nwithdraw by an Order of the Full Commission dated December 19, 2023. \n A  Motion  to  Dismiss by  letter was  filed  on December  29,  2023,  requesting  that  the \nmatter be dismissed for failure to prosecute.  The claimant has not requested a hearing to \ndate and more than six (6) months have passed since the filing of the original claim nor is \nthere any record of the claimant contacting the Commission after the date his attorney was \nallowed to withdraw.   \n Appropriate  notice was  provided  to  the  claimant  notifying  him that  a hearing on  the \nMotion to Dismiss was set for March 5, 2024, in Little Rock, Arkansas.  The claimant did not \nfile a response and failed to appear on the hearing date.  At the time of the hearing, Guy Alton \nWade appeared on behalf of the respondents and asked that the matter be dismissed for lack \nof prosecution. \n After a review  of  the  record  as  a  whole,  to  include  all  evidence  properly  before  the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, it is found that this matter should be dismissed without prejudice, for failure to \nprosecute pursuant to Arkansas Code Annotated §11-9-702 and Rule 099.13 of the Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant  to  the  above  statement  of  the  case, there  is no  alternative  but  to  dismiss \nthese claims in their entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H103838 & H304006 SAUL PEREZ, EMPLOYEE CLAIMANT SOUTHERN TIRE MART, LLC EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO., CARRIER/TPA RESPONDENT OPINION FILED MARCH 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County,...","fetched_at":"2026-05-19T22:56:26.411Z","links":{"html":"/opinions/alj-H103838-2024-03-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/PEREZ_SAUL_H103838-H304006_20240313.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}