{"id":"alj-H205005-2023-05-23","awcc_number":"H205005","decision_date":"2023-05-23","opinion_type":"alj","claimant_name":"Simon Mooney","employer_name":"Fast Lane Entertainment","title":"MOONEY VS. FAST LANE ENTERTAINMENT AWCC# H205005 MAY 23, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MOONEY_SIMON_H205005_20230523.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MOONEY_SIMON_H205005_20230523.pdf","text_length":2448,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H205005 \n \nSIMON MOONEY, Employee      CLAIMANT \n \nFAST LANE ENTERTAINMENT, Employer    RESPONDENT \n \nSUMMIT CONSULTING, Carrier/TPA       RESPONDENT \n \n \n OPINION FILED MAY 23, 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 JASON M. RYBURN, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn  July  13,  2022,  the  claimant  filed  an  AR-C  requesting  various  compensation  benefits \nin which he alleged an injury to his index finger. The claim was accepted as medical only. There \nhas  been  no  request  for  a  hearing  or  additional  activity  by  the  claimant  since  the  filing  of  the \nForm AR-C.  \n On  February  20,  2022,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim be dismissed for lack of prosecution. A hearing was scheduled for May 9, 2023. Notice of \nthat  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  March  24, \n2023. United States Postal Department records indicate that claimant received and signed for the \nnotice on March 30, 2023. Despite having received notice of the scheduled hearing, the claimant \nfailed to appear at the hearing and has failed to respond to the motion in any form or manner. \n\nMooney – H205005 \n \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, \nWhitney Bryant, 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":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H205005 SIMON MOONEY, Employee CLAIMANT FAST LANE ENTERTAINMENT, Employer RESPONDENT SUMMIT CONSULTING, Carrier/TPA RESPONDENT OPINION FILED MAY 23, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claim...","fetched_at":"2026-05-19T23:07:51.405Z","links":{"html":"/opinions/alj-H205005-2023-05-23","pdf":"https://labor.arkansas.gov/wp-content/uploads/MOONEY_SIMON_H205005_20230523.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}