{"id":"alj-H202237-2023-01-10","awcc_number":"H202237","decision_date":"2023-01-10","opinion_type":"alj","claimant_name":"Kenneth Adams","employer_name":"Tyson Foods, Inc","title":"ADAMS VS. TYSON FOODS, INC. AWCC# H202237 JANUARY 10, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//ADAMS_KENNETH_H202237_20230110.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ADAMS_KENNETH_H202237_20230110.pdf","text_length":2670,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H202237 \n \nKENNETH R. ADAMS, EMPLOYEE       CLAIMANT \n \nTYSON FOODS, INC., \nSELF-INSURED EMPLOYER           RESPONDENT  \n \nTYNET CORPORATION, CARRIER/TPA         RESPONDENT    \n \nOPINION FILED JANUARY 10, 2022 \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on January 10, 2023. \n \nClaimant is Pro Se and did not appear. \n \nRespondents are represented by J. Matthew Mauldin and Lauren Scroggins of the \nRoberts Law Firm in Little Rock, Arkansas. Ms. Scroggins appeared. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on January 10, 2023, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to prosecute  pursuant  to  Ark. \nCode  Ann. §  11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’  Compensation  Act.  \nThe claim involves an injury which allegedly occurred on or about March 14, 2022, when \nliquid  used  during  poultry  processing  contacted   claimant’s  eyes.  He  notified  the \nrespondent on the same day. An employer/employee relationship existed.  Forms AR-1 \nand AR-2 were filed on March 30, 2022. The claim was medical only.   \nMore than six (6) months have passed since the claimant alleged that he sustained \na  work-related  injury.  A  Motion  to  Dismiss  was  filed  on  November  4,  2022,  and  the \nclaimant failed to respond to that Motion.   \nA hearing was set for 12:00 pm on Tuesday, January 10, 2023, in regard to the \nMotion  to  Dismiss.    Notice  was  mailed  to  the  claimant  at  the  address  provided  to  the \n\nADAMS- H202237 \n2 \n \nCommission by him both Certified Mail, Return Receipt Requested and First-Class Mail. \nThe certified copy of the letter was returned unclaimed, but the First-Class letter was not \nreturned.  The  claimant  failed  to  appear.    At  the  time  of  the  hearing,  Lauren  Scroggins \nappeared on behalf of the respondents and asked that the matter be dismissed for lack \nof prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondent’s \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice at this time.   \nIT IS SO ORDERED. \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H202237 KENNETH R. ADAMS, EMPLOYEE CLAIMANT TYSON FOODS, INC., SELF-INSURED EMPLOYER RESPONDENT TYNET CORPORATION, CARRIER/TPA RESPONDENT OPINION FILED JANUARY 10, 2022 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, Arkan...","fetched_at":"2026-05-19T23:11:08.839Z","links":{"html":"/opinions/alj-H202237-2023-01-10","pdf":"https://labor.arkansas.gov/wp-content/uploads//ADAMS_KENNETH_H202237_20230110.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}