{"id":"alj-H109609-2024-01-09","awcc_number":"H109609","decision_date":"2024-01-09","opinion_type":"alj","claimant_name":"David Higby","employer_name":"Tec, The Employment Co","title":"HIGBY VS. TEC, THE EMPLOYMENT CO. AWCC# H109609 JANUARY 9, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HIGBY_DAVID_H109609_20240109.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HIGBY_DAVID_H109609_20240109.pdf","text_length":2946,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H109609 \n \nDAVID HIGBY, Employee        CLAIMANT \n \nTEC, THE EMPLOYMENT CO., Employer    RESPONDENT \n \nMIDWEST INS. CO., Carrier/TPA      RESPONDENT \n \n \n OPINION FILED JANUARY 9, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by MICHAEL C. STILES, 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  November  29,  2021,  the  claimant  filed  an  AR-C requesting  various  compensation \nbenefits  in  which he  alleged  an  injury  to  his  hands  on  September  22,  2021.  The  claim  was \naccepted  as  compensable,  and  benefits  were  paid.  The  claimant,  through  his  attorney,  Michael \nEllig,  requested  a  hearing  on  February  8,  2021.  Both  parties  agreed  to  mediate;  however, \nmediation  attempts  failed  as  Mr.  Ellig  lost  contact  with  the  claimant.  The  hearing  request  was \nwithdrawn on April 28, 2022. \nOn  August  29,  2022,  Mr.  Ellig  filed  a  Motion  to  Withdraw  as  Counsel,  which  the  Full \nCommission granted on September 9, 2022. No further action was taken regarding this claim. \n \n \n\nHigby – H109609 \n \n-2- \n On October 3, 2023, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. The respondents mailed the claimant a copy of the Motion \nto Dismiss and received no response from the claimant. A hearing was scheduled for December \n14,  2023.  Notice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt \nrequested  on  November  13,  2023.  United  States  Postal  Department  records  do  not  verify \nclaimant’s  receipt  of  the  Notice  of  Hearing.  On  December  7,  2023,  an  attempt  to  contact  the \nclaimant by telephone was made but the telephone number listed was no longer valid.  \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      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H109609 DAVID HIGBY, Employee CLAIMANT TEC, THE EMPLOYMENT CO., Employer RESPONDENT MIDWEST INS. CO., Carrier/TPA RESPONDENT OPINION FILED JANUARY 9, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. C...","fetched_at":"2026-05-19T22:58:13.193Z","links":{"html":"/opinions/alj-H109609-2024-01-09","pdf":"https://labor.arkansas.gov/wp-content/uploads/HIGBY_DAVID_H109609_20240109.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}