{"id":"alj-H201744-2024-12-17","awcc_number":"H201744","decision_date":"2024-12-17","opinion_type":"alj","claimant_name":"Willis Lewis","employer_name":"Central Maloney, Inc","title":"LEWIS VS. CENTRAL MALONEY, INC. AWCC# H201744 December 17, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/LEWIS_WILLIS_L_H201744_20241217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LEWIS_WILLIS_L_H201744_20241217.pdf","text_length":2502,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H201744 \n \nWILLIE L. LEWIS, EMPLOYEE        CLAIMANT \n \nCENTRAL MALONEY, INC.,  \nSELF-INSURED EMPLOYER                   RESPONDENT \n \nRISK MANAGEMENT RESOURCES, \nTHIRD PARTY ADMINISTRATOR                RESPONDENT \n  \n \n \nOPINION FILED 17 DECEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 11 December 2024 in Little Rock, Arkansas. \n \nMs. Sheila F. Campbell waived her appearance for the claimant. \n \nWorley, Wood & Parrish, P.A., Mr. Jarrod Parrish, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 11 December 2024. This case relates to an alleged workplace injury \nsustained on or about 25 October 2021. A First Report of Injury was filed by the \nrespondents on 9 March 2022, and A Form AR-2 was filed the same day, denying the claim. \nPrior to those filings, a Form AR-C was filed by the claimant on 28 February 2022 claiming \ninjuries to the claimant’s back. See Respondents’ Exhibit No 1. \n The respondents filed a Motion to Dismiss for Failure to Prosecute on 17 September \n2024, citing the applicable statute and rule. In email correspondence dated 2 December \n2024, the claimant advised that he did not object to the respondents’ motion for dismissal \nand waived his appearance at the hearing. Id. \n\nW. LEWIS- H201744 \n2 \n \nThe respondents appeared on 11 December 2024, presented their motion, and \noffered supporting evidence into the record. As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \nof their motion. And the claimant does not object to the dismissal of this claim.  \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H201744 WILLIE L. LEWIS, EMPLOYEE CLAIMANT CENTRAL MALONEY, INC., SELF-INSURED EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED 17 DECEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC...","fetched_at":"2026-05-19T22:45:39.664Z","links":{"html":"/opinions/alj-H201744-2024-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/LEWIS_WILLIS_L_H201744_20241217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}