{"id":"alj-H203720-2023-05-09","awcc_number":"H203720","decision_date":"2023-05-09","opinion_type":"alj","claimant_name":"Kevin Killman","employer_name":"Springdale Water & Sewer","title":"KILLMAN VS. SPRINGDALE WATER & SEWER AWCC# H203720 MAY 9, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//KILLMAN_KEVIN_H203720_20230509.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KILLMAN_KEVIN_H203720_20230509.pdf","text_length":3196,"full_text":"Killman – H203720 \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H203720 \n \nKEVIN KILLMAN, Employee      CLAIMANT \n \nSPRINGDALE WATER & SEWER, Employer      RESPONDENT \n \nACCIDENT FUND INS., Carrier/TPA     RESPONDENT \n \n \n OPINION FILED MAY 9, 2023  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by JAMES A. ARNOLD II, Attorney at Law, Fort Smith, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn  March  7,  2023,  a  hearing  on  Respondents’  Motion  to  Dismiss  was  conducted  in \nSpringdale,  Washington  County,  Arkansas. On  December  1,  2022,  the  respondents  filed  a \nMotion  to  Dismiss  and  requested  that  this  case  be  dismissed  for  lack  of  prosecution.  On \nDecember  12,  2022,  a  hearing  notice  was  sent  to  the  parties  setting  this  matter  for  a  dismissal \nhearing  on  January  31,  2022.  Due  to  inclement  weather,  however,  the  hearing  was  postponed, \nand another Notice of Hearing was sent to the parties on February 3, 2023, notifying them that a \nhearing  was  scheduled  for  March  7,  2023.  The  claimant’s  notice  was  mailed  to  him  at  his  last \nknown  mailing  address  by  certified  and  regular  mail.  That  notice  was  returned  by  the  United \nStates Postal Department with the notation “Return to Sender. Unable to Forward.” \n \n\nKillman – H203720 \n \nOn  May  25,  2022,  Claimant’s  previous  attorney,  Michael  L.  Ellig,  filed  an  AR-C \nrequesting  various  compensation  benefits.  Mr.  Ellig  filed  a  Motion  to  Withdraw  on  July  27, \n2022, and  the  Full  Commission  granted  that  Motion  on  August  9,  2022.  No  further  action  was \ntaken in this claim. \nBefore  withdrawing  as  claimant’s  counsel,  Mr.  Ellig  informed  the  respondents  that  the \nclaimant had moved to Farmington, New Mexico and no longer wished to pursue his claim. \nGiven  the  lack  of  activity  or  effort  to  prosecute  and  move  this  case  forward  and  the \nclaimant’s lack of attendance at the hearing, I do think it is appropriate that I dismiss this matter \nwithout prejudice. \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  \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"Killman – H203720 BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H203720 KEVIN KILLMAN, Employee CLAIMANT SPRINGDALE WATER & SEWER, Employer RESPONDENT ACCIDENT FUND INS., Carrier/TPA RESPONDENT OPINION FILED MAY 9, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington Cou...","fetched_at":"2026-05-19T23:07:22.118Z","links":{"html":"/opinions/alj-H203720-2023-05-09","pdf":"https://labor.arkansas.gov/wp-content/uploads//KILLMAN_KEVIN_H203720_20230509.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}