{"id":"alj-H205637-2024-10-21","awcc_number":"H205637","decision_date":"2024-10-21","opinion_type":"alj","claimant_name":"Oscar Castillo","employer_name":"Hanks Furniture, Inc","title":"CASTILLO VS. HANKS FURNITURE, INC. AWCC# H205637 October 21, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CASTILLO_OSCAR_H205637_20241021.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CASTILLO_OSCAR_H205637_20241021.pdf","text_length":5360,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H205637 \n \nOSCAR CASTILLO, \nEMPLOYEE CLAIMANT \n \nHANKS FURNITURE, INC., \nEMPLOYER RESPONDENT \n \nTRAVELERS INDEMNITY CO./ \nTHE TRAVELERS CO., \nCARRIER/TPA RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED OCTOBER 21, 2024 \n \nHearing conducted on Tuesday, October 15, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Oscar Castillo, of Alexander, Saline County, Arkansas, appeared pro se. \n \nThe respondent was represented by the Honorable Guy Alton Wade, Friday, Eldredge & Clark, \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, October 15, 2024, to determine whether this claim should \nbe dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis \nReplacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n This claim was accepted as compensable, and the respondents paid all appropriate medical and \nindemnity benefits. A prehearing teleconference was conducted on March 22, 2024, which resulted \nin a prehearing order filed March 24, 2024. The claimant was represented by counsel prior to, \nduring, and after the date the prehearing order was filed on March 24, 2024. By order filed August \n14, 2024, the Full Commission granted the claimant’s attorney’s request to withdraw as the \nclaimant’s counsel. \n\nOscar Castillo, AWCC No. H205637 \n2 \n \n Soon thereafter, by letter filed with the Commission on August 20, 2024 (letter MTD, or MTD), \nthe respondents requested this claim be dismissed for lack of prosecution pursuant to the \naforementioned statute and Commission rule. \n In compliance with the applicable law the claimant was provided due and legal notice of the \nrespondents’ letter MTD, as well as the date, time, and location of the subject hearing. The claimant \ndid not respond in writing to the respondents’ motion, but he did appear in person at the subject \nhearing. The claimant testified under oath at the hearing he did not have any objection to the \nrespondents’ MTD. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. (Hearing Transcript; Respondents’ Exhibit 1 at 1-27). \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof the evidence introduced at the hearing and contained in the record conclusively reveals the \nclaimant has failed and/or refused to prosecute his claim at this time. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, representations \nof counsel, and other relevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ letter MTD without \nprejudice filed August 20, 2024, as well as notice of the subject hearing date, time, and \n\nOscar Castillo, AWCC No. H205637 \n3 \n \nplace, the claimant appeared in person at the hearing and testified under oath he did not \nobject to the respondents’ MTD. \n \n3. The respondents’ letter MTD without prejudice filed August 20, 2024, should be and \nhereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n \n____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nOscar Castillo, AWCC No. H205637 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205637 OSCAR CASTILLO, EMPLOYEE CLAIMANT HANKS FURNITURE, INC., EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO./ THE TRAVELERS CO., CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED OCTOBER 21, 2024","fetched_at":"2026-05-19T22:47:51.890Z","links":{"html":"/opinions/alj-H205637-2024-10-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CASTILLO_OSCAR_H205637_20241021.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}