{"id":"alj-H104989-2024-12-13","awcc_number":"H104989","decision_date":"2024-12-13","opinion_type":"alj","claimant_name":"Michael Savage","employer_name":"Lee’s Electric, LLC","title":"SAVAGE VS. LEE’S ELECTRIC, LLC AWCC# H104989 December 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SAVAGE_MICHAEL_H104989_20241213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SAVAGE_MICHAEL_H104989_20241213.pdf","text_length":2884,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H104989 \n \nMICHAEL D. SAVAGE, EMPLOYEE        CLAIMANT \nLEE’S ELECTRIC, LLC, EMPLOYER     RESPONDENT \nAUTO-OWNERS INSURANCE CO., CARRIER    RESPONDENT \n \nOPINION FILED DECEMBER 13, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on December 3, 2024. \nClaimant is represented by Laura Beth York. \nRespondents are represented by their attorney, Rick Bearing, Jr. of Little Rock \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on December 3, 2024, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The  claimant  was represented  by  Laura  Beth  York  who  waived  their  entry  of \nappearance  if  the  matter  was  dismissed  without  prejudice. The  Claimant suffered \ncompensable injuries as  a  result  of  a  work-related  injury to  his head, brain, and  whole \nbody on June 8, 2021. The Form AR-2 provided that the Respondent’s accepted the claim \nas acceptable and the Claimant has continued to receive appropriate benefits. He was \nreleased  at  maximum  medical  improvement  with  a  permanent  anatomical  impairment \nrating and  the  rating was  accepted  and  paid  by  the  Respondents.  The  Respondents \n\nMichael Savage – H104989 \nstated at the time of the hearing that they continue to stand ready to provide appropriate \nbenefits.   \n The claimant has failed to take any action in more than six months to pursue this \nclaim. A Motion to Dismiss was filed by the respondents in this matter on September 16, \n2024. Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for December 3, 2024, in Little Rock, Arkansas. The claimant, \nthrough his attorney, waived his appearance to the hearing if the matter was dismissed \nwithout prejudice. At the time of the hearing, Rick Behring, Jr. appeared on behalf of the \nRespondents and asked that the matter be dismissed for lack of prosecution pursuant to \nA.C.A. 11-9-702(a)(4), 11-9-702(d), and Rule 099.13 of the Commission.  \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 \nRespondents, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H104989 MICHAEL D. SAVAGE, EMPLOYEE CLAIMANT LEE’S ELECTRIC, LLC, EMPLOYER RESPONDENT AUTO-OWNERS INSURANCE CO., CARRIER RESPONDENT OPINION FILED DECEMBER 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on December...","fetched_at":"2026-05-19T22:45:24.890Z","links":{"html":"/opinions/alj-H104989-2024-12-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SAVAGE_MICHAEL_H104989_20241213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}