{"id":"alj-H108193-2024-07-02","awcc_number":"H108193","decision_date":"2024-07-02","opinion_type":"alj","claimant_name":"Jerry David","employer_name":null,"title":"DAVID VS. NWMC BENTON CO.AWCC# H108193July 2, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DAVID_JERRY_H108193_20240702.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DAVID_JERRY_H108193_20240702.pdf","text_length":2672,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H108193 \n \nJERRY DAVID, Employee       CLAIMANT \n \nNWMC BENTON CO., Employer      RESPONDENT \n \nGALLAGHER BASSETT SEREVICES, INC., Carrier/TPA  RESPONDENT \n \n \n OPINION FILED JULY 2, 2024  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by RICK BEHRING, JR., Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn September 1, 2023, the claimant, through his attorney, Laura Beth York, filed an AR-\nC requesting various compensation benefits in which he alleged injuries to his bilateral knees on \nor  about  March  20,  2023.  The  claim  was  accepted  as  compensable  and  all  appropriate  benefits \nwere paid, including payment of a permanent anatomical impairment rating.  \nOn  February  23,  2024,  Ms.  York  entered  a  Motion  to  Withdraw  as  Counsel.  The \nCommission granted the motion on March 20, 2024. No further action was taken in this claim. \n On April 1, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  June  25,  2024.  Notice  of  that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  May  13,  2024. \nUnited States Postal Department records indicate that claimant received and signed for the notice \n\nDavid – H108193 \n \non May 18, 2024. Despite having received notice of the scheduled hearing, the claimant failed to \nappear at the hearing and has failed to respond to the motion in any form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H108193 JERRY DAVID, Employee CLAIMANT NWMC BENTON CO., Employer RESPONDENT GALLAGHER BASSETT SEREVICES, INC., Carrier/TPA RESPONDENT OPINION FILED JULY 2, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas...","fetched_at":"2026-05-19T22:50:42.654Z","links":{"html":"/opinions/alj-H108193-2024-07-02","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DAVID_JERRY_H108193_20240702.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}