{"id":"alj-H106924-2023-10-12","awcc_number":"H106924","decision_date":"2023-10-12","opinion_type":"alj","claimant_name":"Terry Sanders","employer_name":"Airgas USA, LLC","title":"SANDERS VS. AIRGAS USA, LLC AWCC# H106924 OCTOBER 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","denied:1"],"injury_keywords":["shoulder","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SANDERS_TERRY_H106924_20231012.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SANDERS_TERRY_H106924_20231012.pdf","text_length":5610,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H106924 \n \nTERRY SANDERS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nAIRGAS USA, LLC \nEMPLOYER                                                                                                         RESPONDENT  \n \nAIU INS. CO./GALLAGHER BASSETT SERVICES, INC. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \nOPINION AND ORDER FILED OCTOBER 12, 2023, \nDENYING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \nHearing conducted on Tuesday, October 10, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Terry Sanders, pro se, of El Dorado, Ouachita County, Arkansas, appeared in \nperson at the hearing. \n \nThe respondents were represented by the Honorable Rick Behring, Jr., Newkirk & Jones Law \nFirm, PLLC, Little Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, October 10, 2023, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 \nLexis Replacement) and Commission Rule 099.13 (2023 Lexis Repl.). \n The respondents filed a motion to dismiss and brief in support thereof with the Commission \non August 4, 2023, requesting this claim be dismissed without prejudice for lack of prosecution. \nIn accordance with applicable Arkansas law, the claimant was mailed due and proper legal notice \nof the respondents’ motion to dismiss, as well as a copy of the hearing notice at his addresses of \nrecord  via  the  United  States  Postal  Service  (USPS),  First  Class  Certified  Mail,  Return  Receipt \nrequested. Thereafter, the claimant appeared in person on his own behalf at the subject hearing. \n\nTerry Sanders, AWCC No. H106924 \n2 \n \n The claimant and the respondents’ attorney had a chance to visit immediately prior to the \nsubject hearing. The claimant requested the respondents allow him to see a physician for his left \nshoulder, and the respondents agreed with this request. The claimant also contends he sustained a \ncompensable  injury  to  his  lower  back,  which  claim  the  respondents  deny  in  its  entirety.  The \nclaimant testified he returned to work at his regular job duties over a year ago, and he has been \nworking ever since as a forklift driver. He testified he has been able to “adapt” and to perform all \nhis required job duties.  \n At  the  subject  hearing,  the  claimant  requested  a  hearing  on  the  merits  of  his  claim  and, \nspecifically,  whether  his  alleged  lower  back  problems  are  compensable.  Thereafter,  the  ALJ \nstrongly encouraged the claimant to retain the services of a workers’ compensation attorney. The \nALJ also gave the claimant the toll-free telephone number to the Commission’s Legal Advisors’ \nDivision. \n The  record  herein  consists  of  the  hearing  transcript  and  any  and  all  exhibits  contained \ntherein and/or attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the  preponderance  of  the  evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute her claim at this time. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n\nTerry Sanders, AWCC No. H106924 \n3 \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1.   The Commission has jurisdiction of this claim. \n \n 2.   After  having received due and legal notice of the respondents’ motion to \n dismiss, as well as due and legal notice of the subject hearing, the claimant \n appeared pro se at the hearing. \n \n      3.   The claimant specifically requested a hearing on the merits of his claim at \n            the hearing. \n \n                              4.  Therefore, the respondents’ motion to dismiss without prejudice filed \n                         with the Commission on August 4, 2023, should be and hereby is DENIED. \n \n                              5.  The ALJ’s office will mail the parties the prehearing questionnaire and other \n                         related documents, and this claim will be scheduled for a prehearing \n    conference in due course.  \n \n AGAIN,  THE  CLAIMANT  IS  STRONGLY  ENCOURAGED  TO  RETAIN  THE \nSERVICES  OF  AN  ATTORNEY  OF  HIS  OWN  CHOOSING  TO  REPRESENT  HIM  IN \nTHIS MATTER. \n The  respondents  shall pay  the  court  reporter’s  invoice  within  twenty  (20)  days  of  their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                    Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H106924 TERRY SANDERS, EMPLOYEE CLAIMANT AIRGAS USA, LLC EMPLOYER RESPONDENT AIU INS. CO./GALLAGHER BASSETT SERVICES, INC. INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED OCTOBER 12, 2023, DENYING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE He...","fetched_at":"2026-05-19T23:01:39.021Z","links":{"html":"/opinions/alj-H106924-2023-10-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/SANDERS_TERRY_H106924_20231012.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}