{"id":"alj-H109474-2024-07-19","awcc_number":"H109474","decision_date":"2024-07-19","opinion_type":"alj","claimant_name":"John Meadors","employer_name":null,"title":"MEADORS VS. PINNACLE RECORDS MG’T, LLCAWCC# H109474July 19, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MEADORS_JOHN_H109474_20240719.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MEADORS_JOHN_H109474_20240719.pdf","text_length":5334,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H109474 \n \nJOHN MEADORS,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nPINNACLE RECORDS MG’T, LLC, \nEMPLOYER                                                                                                         RESPONDENT \n \nACCIDENT FUND GEN. INS. CO./ \nACCIDENT FUND INS. CO. OF AMERICA \nCARRIER/TPA                                                                                             RESPONDENT \n                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED JULY 19, 2024 \n \n \nHearing conducted on Tuesday, July 16, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant’s attorney, the Honorable Daniel E. Wren, of Little Rock, Pulaski County, \nArkansas, appeared at the hearing in connection with his motion to be relieved as the claimant’s \nattorney.  \n \nThe claimant, Mr. John Meadors, of Bradford, White County, Arkansas, failed and/or refused to \nattend the hearing. \n \nThe respondents were represented by the Honorable Erin Rambo, Ledbetter, Cogbill, Arnold & \nHarrison, LLP, Ft. Smith, Sebastian County, Arkansas.  \n \n \nSTATEMENT OF THE CASE \n \n        A hearing was conducted on Tuesday, July 16, 2024, pursuant to the respondents’ motion to \ndismiss without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement) \nand Commission Rule 099.13 (2024 Lexis Repl.). \n        The respondents filed a motion to dismiss without prejudice for lack of prosecution with the \nCommission. The claimant’s attorney at the time, Daniel Wren of the Wren Law Firm (Mr. Wren) \nfiled a response objecting to the respondents’ motion; then soon thereafter also filed a motion to \n\nJohn Meadors, AWCC No. H109474 \n2 \n \nwithdraw as the claimant’s counsel. Both the claimant’s attorney’s and the respondents’ motion \nwere heard and resolved at the subject hearing. The claimant’s attorney and the claimant already \nhad mutually de  facto “split ways” well before the hearing date, which is what prompted the \nclaimant’s attorney to file with the Commission his motion to withdraw as the claimant’s attorney. \n(See Hearing Transcript and attached Exhibits).  \n          Pursuant to the applicable law the Commission mailed a copy of the respondents’ motion to \ndismiss, as well as notice of the subject hearing to the claimant at his last known address of record \non file with the Commission. The claimant was in fact mailed all of the aforementioned documents \nat his last known address of record; however; the claimant failed and/or refused to appear at the \nsubject  hearing. The claimant’s attorney’s motion to be relieved as counsel was granted via \nseparate order. \n          The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \n \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4), as well as our court of appeals’ ruling in \nDillard 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 demonstrates the claimant has failed and/or \nrefused to prosecute his claim. \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\nJohn Meadors, AWCC No. H109474 \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. The claimant failed and/or refused to appear at the subject hearing. Therefore, he hereby \nis deemed to have waived his right to a hearing on the respondents’ motion to dismiss.  \n \n3. The respondents’ aforementioned motion to dismiss without prejudice filed April 3, 2024, \nshould be and hereby is GRANTED; and this claim is dismissed without prejudice to its \nrefiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and \n(b), and Commission Rule 099.13. \n \n        This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling this claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n        IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H109474 JOHN MEADORS, EMPLOYEE CLAIMANT PINNACLE RECORDS MG’T, LLC, EMPLOYER RESPONDENT ACCIDENT FUND GEN. INS. CO./ ACCIDENT FUND INS. CO. OF AMERICA CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED JULY 19, 2024","fetched_at":"2026-05-19T22:51:41.343Z","links":{"html":"/opinions/alj-H109474-2024-07-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MEADORS_JOHN_H109474_20240719.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}