{"id":"alj-H203296-2023-12-12","awcc_number":"H203296","decision_date":"2023-12-12","opinion_type":"alj","claimant_name":"Dustin Bullock","employer_name":"Ndx Green Laboratories","title":"BULLOCK VS. NDX GREEN LABORATORIES AWCC# H203296 DECEMBER 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["strain"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BULLOCK_DUSTIN_H203296_20231212.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BULLOCK_DUSTIN_H203296_20231212.pdf","text_length":2676,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H203296 \n \nDUSTIN BULLOCK, EMPLOYEE        CLAIMANT \n \nNDX GREEN LABORATORIES, EMPLOYER            RESPONDENT \n \nTRAVELERS, CARRIER                RESPONDENT \n            \nOPINION FILED DECEMBER 12, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on December 5, 2023. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. Guy Alton Wade, Attorney-at-\nLaw of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on December 5, 2023, in Little Rock, \nArkansas  on  respondents’   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 had filed a letter on May 6, 2022, requesting a hearing.  The First Report of Injury \nprovided that the claimant contended he suffered a strain while cleaning a bench.  The \nrespondent’s filed a Form AR-2 on May 5, 2022, contending that there was no injury per \nstatutory  definition.    An  attempt  to  set  up  a  Legal  Advisor  Conference  had  failed.  The \nclaimant failed to respond to the Prehearing Questionnaire and failed to respond to the \ndiscovery propounded by the respondents.  A Motion to Dismiss was filed on August 8, \n2023, requesting that the matter be dismissed due to the lack of prosecution of the claim.  \n\nBULLOCK – H203296 \n \n2 \n \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for December 5, 2023, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nGuy  Alton Wade appeared  on behalf  of  the  respondents and  asked  that  the matter be \ndismissed 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 \nrespondents, I find that this matter should be dismissed without prejudice, for failure to \nprosecute  pursuant  to  Ark.  Code  Ann.  §  11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \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. H203296 DUSTIN BULLOCK, EMPLOYEE CLAIMANT NDX GREEN LABORATORIES, EMPLOYER RESPONDENT TRAVELERS, CARRIER RESPONDENT OPINION FILED DECEMBER 12, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas on December...","fetched_at":"2026-05-19T22:59:15.761Z","links":{"html":"/opinions/alj-H203296-2023-12-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/BULLOCK_DUSTIN_H203296_20231212.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}