{"id":"alj-H202978-2024-06-13","awcc_number":"H202978","decision_date":"2024-06-13","opinion_type":"alj","claimant_name":"Cameron Mccaskill","employer_name":null,"title":"McCASKILL VS. DEPARTMENT OF CORRECTIONAWCC# H202978 & H205938June 14, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MCCASKILL_CAMERON_H202978-H205938_20240613.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MCCASKILL_CAMERON_H202978-H205938_20240613.pdf","text_length":3237,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H202978/H205938 \n \nCAMERON McCASKILL, EMPLOYEE       CLAIMANT \n \nDEPARTMENT OF CORRECTION, EMPLOYER          RESPONDENT \n \nPUBLIC EMPLOYEE CLAIMS DIVISION, TPA           RESPONDENT \n  \n \n \nOPINION FILED 14 JUNE 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 13 June 2024 in Pine Bluff, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Charles McLemore 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 Pine \nBluff, Arkansas, on 13 June 2024. This case relates to alleged workplace injuries, sustained \non or about 30 March 2022 (H202978) and 28 July 2022 (H205938). Forms for a First \nReport of Injury were filed on 18 April 2022 and 18 August 2022, respectively. A Form AR-2 \nwas filed for each claim on the same day as the First Report of Injury. On 1 June 2022, \nbetween the dates of the first alleged injury and the second, the claimant requested via \nemail to the Commission a hearing on the first claim. See Exhibit No 1. After the claimant \nfailed to provide to the Commission material responsive to a preliminary questionnaire, the \nmatter was returned to the Commission’s general files. A letter to that effect was addressed \nto the claimant and dated 21 November 2022. \n On 2 April 2024, the respondents moved for both matters to be dismissed without \nprejudice for the claimant’s failure to prosecute either claim. A letter from the Commission \n\nC. McCASKILL-H202978/H205938 \n2 \n \nto the claimant communicating that motion was dated 9 April 2024 and another letter \nsetting a hearing on the motion was dated 1 May 2024. The Commission’s file is absent any \nresponsive correspondence from the claimant. I noted at the hearing that mailings from the \nCommission to claimants are sent via both First Class and Certified Mail with return \nreceipts requested. Returned mail is regularly appended to the Commission’s file. This \nclaim file includes only a return of the April 9\nth\n and May 1\nst\n Certified Letters that indicate \nthat they were returned as “unclaimed.”  \nThe respondents appeared on 13 June 2024, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of their \nmotion. And the claimant did not appear at the hearing to resist 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 these claims \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and these claims are DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H202978/H205938 CAMERON McCASKILL, EMPLOYEE CLAIMANT DEPARTMENT OF CORRECTION, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, TPA RESPONDENT OPINION FILED 14 JUNE 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law...","fetched_at":"2026-05-19T22:52:46.384Z","links":{"html":"/opinions/alj-H202978-2024-06-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/MCCASKILL_CAMERON_H202978-H205938_20240613.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}