{"id":"alj-H203737-2023-02-21","awcc_number":"H203737","decision_date":"2023-02-21","opinion_type":"alj","claimant_name":"Tommy Crowell","employer_name":"Fulton County Ambulance Services","title":"CROWELL VS. FULTON COUNTY AMBULANCE SERVICES AWCC# H203737 FEBRUARY 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CROWELL_TOMMY_H203737_20230221.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CROWELL_TOMMY_H203737_20230221.pdf","text_length":2721,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H203737 \n \nTOMMY CROWELL, EMPLOYEE        CLAIMANT \n \nFULTON COUNTY AMBULANCE SERVICES, EMPLOYER       RESPONDENT \n \nRISK MANAGEMENT RESOURCES, CARRIER/TPA        RESPONDENT   \n \nOPINION FILED FEBRUARY 21, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on February 15, 2023,  \nin Mountain Home, Baxter County, Arkansas. \n \nClaimant  is  represented  by  Mr.  Jim  R.  Burton,  Attorney-at-Law,  of  Jonesboro, \nArkansas, and his right to appear was waived. \n \nRespondents are represented by their attorney, Mr. Jarrod S. Parrish, Attorney-at-\nLaw, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on February 15, 2023, in Mountain \nHome, Arkansas, 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 waived his right to appear, notified the Commission by \nhis  attorney,  and  consequently  failed  to  appear  for  the  hearing.   The  claimant  filed  an \nArkansas Form-C on May 20, 2022, contending he had contacted COVID which caused \nprolonged cardiac, pulmonary, cognitive issues.  The respondents denied that the claim \nwas compensable.  Both parties filed a response to the prehearing questionnaire, and the \nmatter was initially set for a hearing on November 16, 2022, by a Prehearing Order filed \nSeptember 13, 2022.  The hearing was continued from the November date, until February \n15, 2023, after a request by the claimant.  Prior to the full hearing, the claimant agreed to \nthe dismissal of his claim.  The full hearing then continued as a Motion to Dismiss.  \n\nAn appropriate notice setting this matter for a hearing on February 15, 2023, was \nprovided, and the claimant did not file an objection or appear at the hearing in Mountain \nHome, Arkansas.  At the time of the hearing, Jarrod S. Parrish 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 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 \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H203737 TOMMY CROWELL, EMPLOYEE CLAIMANT FULTON COUNTY AMBULANCE SERVICES, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 21, 2023 Hearing before Administrative Law Judge James D. Kennedy on February 15, 2023, i...","fetched_at":"2026-05-19T23:10:26.610Z","links":{"html":"/opinions/alj-H203737-2023-02-21","pdf":"https://labor.arkansas.gov/wp-content/uploads//CROWELL_TOMMY_H203737_20230221.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}