{"id":"alj-H205510-2023-10-10","awcc_number":"H205510","decision_date":"2023-10-10","opinion_type":"alj","claimant_name":"Dale Taylor","employer_name":null,"title":"TAYLOR VS.BAD BOY MOWERS, LLC AWCC# H205510 OCTOBER 10, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["lumbar"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/TAYLOR_DALE_H205510_20231010.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TAYLOR_DALE_H205510_20231010.pdf","text_length":2537,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H205510 \n \nDALE H. TAYLOR, EMPLOYEE           CLAIMANT \n \nBAD BOY MOWERS, LLC, EMPLOYER           RESPONDENT  \n \nCHUBB INDEMNITY INS. CO.  \nCARRIER/TPA               RESPONDENT \n  \nOPINION FILED OCTOBER 10, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty Arkansas, on October 10, 2023. \n \nClaimant is pro se and did not appear. \n \nRespondents  are  represented  by  Mr.  Rick  Behring,  Jr.,  Attorney-at-Law  of  Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on October 10, 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  originally  represented  by  Laura  Beth  York,  who \nwas allowed to withdraw by an Order of the Full Commission dated June 28, 2023.  The \nrespondents filed a Motion to Dismiss on August 1, 2023.       \nA hearing was set for October 10, 2023, in regard to the Motion to Dismiss.  The \nclaimant failed to appear at the time of the hearing after proper notice.  At the time of the \nhearing, Rick Behring appeared on behalf of the respondents and asked that the matter \nbe dismissed for lack of prosecution.   \nThe claimant had originally filed a Form C on November 15, 2022,contending that \nhe had injured his lumbar spine and “other whole body.”   The respondents filed an AR-2 \n\non  August  3,  2022,  and  the  claim  was  disputed  in  its  entirety.    The  respondents  had \npropounded  discovery  to  the  claimant  who  had  elected  not  to  participate  in  discovery \nfailed to execute discovery authorization. \nAfter a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondents’ \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice pursuant to Ark. \nCode Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act at \nthis time.   \nIT IS SO ORDERED:  \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205510 DALE H. TAYLOR, EMPLOYEE CLAIMANT BAD BOY MOWERS, LLC, EMPLOYER RESPONDENT CHUBB INDEMNITY INS. CO. CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 10, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County Arkansa...","fetched_at":"2026-05-19T23:01:26.190Z","links":{"html":"/opinions/alj-H205510-2023-10-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/TAYLOR_DALE_H205510_20231010.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}