{"id":"alj-H104991-2023-08-08","awcc_number":"H104991","decision_date":"2023-08-08","opinion_type":"alj","claimant_name":"Matt Nosler","employer_name":"Goodwill Industries Of Arkansas, Inc","title":"NOSLER VS. GOODWILL INDUSTRIES OF ARKANSAS, INC. AWCC# H104991 AUGUST 8, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":["ankle","fracture"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Nosler_Matt_H104991_20230808.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Nosler_Matt_H104991_20230808.pdf","text_length":8761,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H104991 \n \n \nMATT C. NOSLER, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nGOODWILL INDUSTRIES OF ARKANSAS, INC., \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nATA WORKERS’ COMPENSATION SI TRUST,  \nINSURANCE CARRIER                                                                                        RESPONDENT                           \n          \nRISK MANAGEMENT RESOURCES,                                                                                                                                  \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT \n \nOPINION FILED AUGUST 8, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, appeared for the hearing.         \n \nRespondents  represented  by  the  Honorable  Jarrod  S.  Parrish,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on July 25, 2023, in the present matter for a determination of whether \nthis case should be dismissed for failure to prosecute under the provisions of Ark. Code Ann. §11-\n9-702 (Repl. 2012) and Arkansas Workers’ Compensation Commission Rule 099.13.  \nAppropriate Notice of this hearing was had on all parties to their last known address, in the \nmanner prescribed by law.   \nThe  record  consists  of  the  transcript  of  the July  25,  2023,  hearing  and  the  documents \ncontained  therein.  The Respondents’ Hearing  Exhibit  Index  consists  of  seven  numbered  pages \nand a cover sheet.  These were marked as Respondents’ Exhibit 1.     \n\nNosler – H104991 \n \n2 \n \nAlso, the entire Commission’s file was made a part of the record.  It is hereby incorporated herein \nby reference.   \n                                                           Procedural History \n On June 15, 2021, the Claimant filed with the Commission a claim for Arkansas workers’ \ncompensation benefits by way of a Form AR-C.  Specifically, the Claimant sustained an admittedly \ncompensable injury to his left ankle, on May 18, 2020, in the form of “a fractured talus and torn \nligaments.”  The Claimant checked the box for additional workers’ compensation benefits solely \nin the form of additional permanent partial disability.          \n  The respondent-insurance-carrier filed an Amended Form AR-2 with the Commission on \nJanuary 19, 2023, accepting this as a compensable injury to the Claimant’s left ankle, in the form \nof a fracture.  Of note, the record shows that the Respondents initially accepted this as a medical \nonly claim in June 2021.   \nSince the filing of the Form AR-C, there has been no appreciable action on the part of the \nClaimant to prosecute his claim for workers’ compensation benefits, or otherwise pursue or bring \nhis claim to a resolution.  \nOn May 9, 2023, the Respondents’ Claims Specialist wrote a letter/motion to the Clerk of \nthe  Commission  asking  that  the  claim  be  dismissed  for  a  lack  of  prosecution  on  the  part  of  the \nClaimant.  The Respondents filed said motion with the Commission on May 10, 2023.  \nThe Commission sent a letter-notice to the Claimant’s last known address on May 11, 2023.  \nPer  this  correspondence,  the  Claimant  was  given  a  deadline  of  twenty  days,  for  filing  a  written \nresponse to  the  Respondents’  motion.    The  notice  was  sent  to  the  Claimant  via  first-class  and \ncertified mail.     \n\nNosler – H104991 \n \n3 \n \nOn  May  31,  2023, the  Claimant  wrote a  letter  to  the  Commission.    Specifically,  the \nClaimant wrote: “I have not requested to prosecute or pursue my claim due to still being under Dr. \nMartin’s care.  My recovery time is 12 months.  I am currently doing physical therapy as well.  I \ndo  not  wish  for  my  case  to  be  dismissed  as  I  will  need  an  additional  surgery  in  the  future  and \nadditional treatment according to Dr. Martin.”   \n Pursuant to a Hearing Notice as of June 14, 2023, the Commission notified the parties that \na hearing was scheduled to address the Respondents’ motion to dismiss this claim due to a lack of \nprosecution.  Said hearing was scheduled for July 25, 2023, at 10:00 a.m., at the Arkansas Workers’ \nCompensation Commission, in Little Rock, Arkansas.   \nThe  documentary  evidence  of  record  shows  that  the  Commission  mailed  the  Notice  of \nHearing to the Claimant via first-class and certified mail.     \n However,  on  the  day  of  the  hearing,  the  United  States  Postal  Service  informed  the \nCommission that they were unable to deliver the Hearing Notice to the Claimant, which was sent \nvia certified mail.  As such, this parcel of mail was returned to the Commission marked “Return \nto Sender, Unclaimed, Unable to forward.”  Of significance, the notice sent to the  Claimant via \nfirst class-mail has not been returned to the Commission to date.     \n Subsequently, a hearing was in fact conducted on the Respondents’ motion for dismissal \nas scheduled.  The Claimant and his wife appeared for the hearing.  The Respondents appeared \nthrough their attorney.   \nCounsel noted that although the Claimant wrote to the Commission saying that he does not \nwish to have his claim dismissed, the Claimant has not identified any issue that requires litigation \nor participation by an Administrative Law Judge/ALJ, and there has been no request for a hearing.  \nCounsel further pointed out that the Claimant has not requested a hearing on his claim for workers’ \n\nNosler – H104991 \n \n4 \n \ncompensation benefits and the claim is over two years in the making since the Form AR-C was \nfiled,  and  he  has  failed  to  prosecute  the  case.    Therefore,  counsel  moved  that  this  claim  be \ndismissed under Ark. Code Ann. §11-9-702 and Arkansas Workers’ Compensation Commission \nRule 099.13. \nThe Claimant said that he had spoken with someone from the Legal Advisors Division and \nnow had some clarity as to what the hearing was about.  He specifically stated that since the issue \ndoes not pertain to his need for future treatment, he does not object to his claim being dismissed.      \nThe record before me proves that the Claimant has not requested a hearing since the filing \nof his claim for workers’ compensation benefits.  The Claimant withdrew his prior objection to the \ndismissal of his claim at the time of the hearing.  After discussing his claim with a legal advisor, \nthe Claimant stated that he does not object to his case being dismissed.  \nAccordingly, after having taken into full consideration the entire record before me, I find \nthat this claim should be and is hereby dismissed, without prejudice to the refiling of it with the \nlimitation  period  specified  by  law.    This  dismissal  is  hereby  made  under  the  provisions  of  Ark. \nCode Ann. §11-9-702 and Rule 099.13 of this Commission. \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased  on  the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.           The  Arkansas  Workers’  Compensation  Commission  has  authority  of  this \nclaim.  \n \n2. The Respondents filed with the Commission, letter-motion to dismiss this \nclaim, for which a dismissal hearing was held. \n \n3. The evidence preponderates that the Claimant failed to timely prosecute his \nclaim for workers’ compensation benefits.  Most notably, the Claimant does \nnot object to his case being dismissed.    \n \n\nNosler – H104991 \n \n5 \n \n4. Appropriate Notice of the dismissal hearing was had on all parties to their \nlast known address, in the manner prescribed by law.    \n \n            5. The Respondents’ motion  to  dismiss  is  hereby  granted  without  prejudice \nper Ark. Code Ann. §11-9-702 and Commission Rule 099.13, to the refiling \nof it within the limitation period specified by law.  \n \nORDER \n \n Per  the  findings  of  fact  and  conclusions  of  law  set  forth  above,  this  claim  is  hereby \ndismissed  pursuant to  Ark.  Code  Ann.  §11-9-702  and  Arkansas Workers’  Compensation \nCommission  Rule  099.13,  without  prejudice  to  the  refiling  of it,  within  the  limitation  period \nspecified by law.  \n        IT IS SO ORDERED. \n \n \n                              _______________________________ \n               HON. CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H104991 MATT C. NOSLER, EMPLOYEE CLAIMANT GOODWILL INDUSTRIES OF ARKANSAS, INC., EMPLOYER RESPONDENT ATA WORKERS’ COMPENSATION SI TRUST, INSURANCE CARRIER RESPONDENT RISK MANAGEMENT RESOURCES, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED AUGUST 8, 20...","fetched_at":"2026-05-19T23:03:38.194Z","links":{"html":"/opinions/alj-H104991-2023-08-08","pdf":"https://labor.arkansas.gov/wp-content/uploads/Nosler_Matt_H104991_20230808.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}