{"id":"alj-H202790-2023-01-24","awcc_number":"H202790","decision_date":"2023-01-24","opinion_type":"alj","claimant_name":"Bobby Zachary","employer_name":"B & B Supply Stores, LLC","title":"ZACHARY VS. B & B SUPPLY STORES, LLC AWCC# H202790 JANUARY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/ZACHARY_BOBBY_H202790_20230124.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ZACHARY_BOBBY_H202790_20230124.pdf","text_length":2715,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H202790 \n \nBOBBY W. ZACHARY, EMPLOYEE         CLAIMANT \n \nB & B SUPPLY STORES, LLC, EMPLOYER             RESPONDENT \n \nACCIDENT FUND INSURANCE COMPANY OF AMERICA, \nCARRIER / TPA             RESPONDENT \n            \nOPINION FILED JANUARY 24, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on January 18, 2023, \nin Mountain Home, Baxter County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. Brett Whitley, Attorney-at-Law, \nof Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on January 18, 2023, in Mountain \nHome, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant was pro se and failed to appear for the hearing.  The \nclaimant filed an Arkansas Form-C on April 11, 2022, contending that he had injured his \nback while loading heavy lumber on December 5, 2021, and consequently made several \nvisits  to  the  chiropractor.    The  respondents  filed  an  Arkansas  Form AR-1  on  April  19, \n2022, and an Arkansas Form AR-2, on May 17, 2022, where they provided that the claim \nwas not accepted as compensable.  No action occurred in the matter since the filing of \nthe  filing  of  the  Form AR-2  with  the  Division  of  Operations  and  Compliance  of  the \nArkansas Workers’ Compensation Commission.  A request for dismissal of the claim was \nmade by letter on October 31, 2022.  \n\nAn appropriate notice setting this matter for a hearing for a Motion to Dismiss on \nJanuary 18, 2023, was  provided to the claimant by both  Certified and  First-Class Mail.  \nThe claimant did not file a response and failed to appear on the hearing date in Mountain \nHome, Arkansas.  At the time of the hearing, Mr. Brett Whitley appeared on behalf of the \nrespondents and asked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, I find that this matter should be dismissed for failure to prosecute pursuant \nto Ark. Code Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. \nORDER \n \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H202790 BOBBY W. ZACHARY, EMPLOYEE CLAIMANT B & B SUPPLY STORES, LLC, EMPLOYER RESPONDENT ACCIDENT FUND INSURANCE COMPANY OF AMERICA, CARRIER / TPA RESPONDENT OPINION FILED JANUARY 24, 2023 Hearing before Administrative Law Judge James D. Kennedy on January...","fetched_at":"2026-05-19T23:11:48.440Z","links":{"html":"/opinions/alj-H202790-2023-01-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/ZACHARY_BOBBY_H202790_20230124.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}