{"id":"alj-H205510-2024-06-28","awcc_number":"H205510","decision_date":"2024-06-28","opinion_type":"alj","claimant_name":"Dale Taylor","employer_name":null,"title":"TAYLOR VS. BAD BOY MOWERS, LLCAWCC# H205510June 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/TAYLOR_DALE_H205510_20240628.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TAYLOR_DALE_H205510_20240628.pdf","text_length":2425,"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 INSURANCE CO., TPA/CARRIER RESPONDENT \n \n           \n \n \nOPINION FILED JUNE 28, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Batesville, \nArkansas, on June 26, 2024. \n \nClaimant is Pro Se and appeared on his own behalf. \n \nRespondents are represented by their attorney, Rick Behring, Jr., Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on June 26, 2024, in Batesville, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to A.C.A. \n11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The claimant \nwas pro se and appeared on his own behalf and objected to the dismissal of his claim. \n\nThe claimant had been previously represented by Laura Beth York, who had been \nallowed to withdraw by an Order of the Full Commission, dated June 29, 2023.  A \nMotion to Dismiss had been previously filed and the Claimant failed to appear at the \ntime of the hearing.  The previous Motion to Dismiss was granted without prejudice, \nafter a hearing in regard to the motion on October 10\nth\n, 2023.      \n A second Motion to Dismiss was filed on or about April 30, 2024, requesting that \nthe matter be dismissed for failure to prosecute pursuant to A.C.A. 11-9-702(a) (4) and \nRule 099.13.     \n Appropriate notice was provided to the claimant who did appear timely at the \ntime of the hearing on the Motion to Dismiss on June 26, 2024, in Batesville, Arkansas.    \nAt the time of the hearing, Rick Behring, Jr., appeared on behalf of the Respondents \nand 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 \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent as well as the claimant, the Motion to Dismiss was denied.  The \nClaimant was instructed that he would be responsible for the timely filing of discovery \nand other documents in regard to the pursuit of his claim in a timely manner. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to deny \nthe Motion to Dismiss. \n \n\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 INSURANCE CO., TPA/CARRIER RESPONDENT OPINION FILED JUNE 28, 2024 Hearing before Administrative Law Judge James D. Kennedy in Batesville, Arkansas, on June 26...","fetched_at":"2026-05-19T22:53:34.471Z","links":{"html":"/opinions/alj-H205510-2024-06-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/TAYLOR_DALE_H205510_20240628.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}