{"id":"alj-H107584-2023-05-02","awcc_number":"H107584","decision_date":"2023-05-02","opinion_type":"alj","claimant_name":"Thomas Qualls","employer_name":"Future Fuel Chemical Company","title":"QUALLS VS. FUTURE FUEL CHEMICAL COMPANY AWCC# H107584 MAY 2, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/QUALLS_THOMAS_H107584_20230502.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"QUALLS_THOMAS_H107584_20230502.pdf","text_length":2897,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H107584 \n \nTHOMAS L. QUALLS, EMPLOYEE      CLAIMANT \n \nFUTURE FUEL CHEMICAL COMPANY, EMPLOYER       RESPONDENT \n             \nEMPLOYERS INSURANCE COMPANY  \nOF WAUSAU, CARRIER/TPA            RESPONDENT \n \nOPINION FILED MAY 2, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on April 26, 2023, in \nBatesville, Independence County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. David C. Jones, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  April  26,  2023,  in  Batesville, \nArkansas, on  respondent’s  Motion  to  Dismiss  for failure  to  prosecute  pursuant  to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant was pro se and failed to appear for the hearing.  The \nclaimant  filed  an  AR-C  on  September  16,  2021.    On  September  21,  2021, the \nrespondent/carrier filed an AR-2 providing that the claim was accepted as medical only.  \nClaimant was granted a change of physician by the Commission on October 27, 2021, \nbut  then,  on  November  9,  2021,  Mark  McGuire,  Assistant  CEO  of  the  Commission, \nentered  an  Order  setting  aside  the  Change  of  Physician  Order,  after  the  claimant \nindicated he did not want to proceed with it.  The claimant continued to receive medical \ntreatment and on June 8, 2022, Dr. Erik Gordon provided that the claimant had reached \nmaximum medical improvement with a zero percent (0%) impairment rating.  A Motion to \n\nQUALLS – H107584 \n \n2 \n \nDismiss  was  filed  by  the  respondents  with the  Arkansas  Workers’  Compensation \nCommission on or about February 21, 2023.  The claimant failed to file a response to the \nMotion.  \nAn appropriate notice for the hearing on the Motion to Dismiss was provided.  The \nclaimant failed to appear on the hearing date.  At the time of the hearing, David C. Jones \nappeared  on  behalf  of  the  respondents  and  checked  the  hall  at  the  request  of  the \nCommission to confirm that the claimant was not present and then asked that the matter \nbe dismissed for lack of 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 \nrespondents,  it  is  found  that  this  matter  should  be  dismissed  for  failure  to  prosecute \npursuant  to  Ark.  Code  Ann.  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act. \nORDER \n Pursuant  to  the  above  statement  of  the  case,  this  matter  should  be  dismissed \nwithout prejudice. \nIT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H107584 THOMAS L. QUALLS, EMPLOYEE CLAIMANT FUTURE FUEL CHEMICAL COMPANY, EMPLOYER RESPONDENT EMPLOYERS INSURANCE COMPANY OF WAUSAU, CARRIER/TPA RESPONDENT OPINION FILED MAY 2, 2023 Hearing before Administrative Law Judge James D. Kennedy on April 26, 2023,...","fetched_at":"2026-05-19T23:07:09.531Z","links":{"html":"/opinions/alj-H107584-2023-05-02","pdf":"https://labor.arkansas.gov/wp-content/uploads/QUALLS_THOMAS_H107584_20230502.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}