{"id":"alj-H202472-2023-11-21","awcc_number":"H202472","decision_date":"2023-11-21","opinion_type":"alj","claimant_name":"Shane Ogrady","employer_name":"City Of Bull Shoals","title":"O’GRADY VS. CITY OF BULL SHOALS AWCC# H202472 NOVEMBER 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["neck","shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/OGRADY_SHANE_H202472_20231121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OGRADY_SHANE_H202472_20231121.pdf","text_length":2865,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H202472 \n \nSHANE O’GRADY, Employee      CLAIMANT \n \nCITY OF BULL SHOALS, Employer     RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE, Carrier/TPA    RESPONDENT \n \n \n OPINION FILED NOVEMBER 21, 2023  \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  MARY  K.  EDWARDS,  Attorney  at  Law,  North  Little  Rock, \nArkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn June 15, 2022, the claimant’s attorney, Gary Davis, filed an AR-C requesting various \ncompensation  benefits  in  which he  alleged  injuries  to  his  head,  neck  and  left  shoulder  on  or \nabout  March  15,  2022.  The  claim  was  accepted  as  compensable,  and  all  related  benefits  were \npaid.  \nThe claimant, through his attorney, requested a hearing on October 25, 2022, on the issue \nof  additional  medical  treatment.  A  hearing  was  scheduled  for  March  21,  2023.  Mr.  Davis \nwithdrew the claimant’s hearing request on March 2, 2023, and entered a Motion to Withdraw as \nCounsel. The Commission granted the motion on March 30, 2023. No further action was taken in \nthis claim. \n\nO’Grady – H202472 \n \n-2- \n On August 11, 2023, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for November 7, 2023. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on September 25, \n2023. United States Postal Department records indicate that claimant received and signed for the \nnotice  on  September  28,  2023.  Despite  having  received  notice  of  the  scheduled  hearing,  the \nclaimant  failed  to  appear  at  the  hearing  and  has  failed  to  respond  to  the  motion  in  any  form  or \nmanner. \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. H202472 SHANE O’GRADY, Employee CLAIMANT CITY OF BULL SHOALS, Employer RESPONDENT ARKANSAS MUNICIPAL LEAGUE, Carrier/TPA RESPONDENT OPINION FILED NOVEMBER 21, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Ar...","fetched_at":"2026-05-19T23:00:46.427Z","links":{"html":"/opinions/alj-H202472-2023-11-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/OGRADY_SHANE_H202472_20231121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}