{"id":"alj-H205909-2023-08-08","awcc_number":"H205909","decision_date":"2023-08-08","opinion_type":"alj","claimant_name":"Tristen Hammon","employer_name":"Folsom Tree Service, LLC","title":"HAMMON VS. FOLSOM TREE SERVICE, LLC AWCC# HH205909 AUGUST 8, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Hammon_TRISTEN_H205909_20230808.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Hammon_TRISTEN_H205909_20230808.pdf","text_length":7982,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H205909 \n \n \nTRISTEN G. HAMMON, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nFOLSOM TREE SERVICE, LLC,  \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nLM INSURANCE CORPORATION,  \nINSURANCE CARRIER                                                                                        RESPONDENT                           \n          \nLIBERTY MUTUAL GROUP,                                                                                                                                   \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT \n \nOPINION FILED AUGUST 8, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, appeared for the hearing.         \n \nRespondents  represented  by  the  Honorable  Rick  Behring,  Jr.,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on July 19, 2023, in the present matter for a determination of whether \nthis case should be dismissed for failure to prosecute under the provisions of Ark. Code Ann. §11-\n9-702 (Repl. 2012) and Arkansas Workers’ Compensation Commission Rule 099.13.  \nAppropriate Notice of this hearing was had on all parties to their last known address, in the \nmanner prescribed by law.   \nThe  record  consists  of  the  transcript  of  the July  19,  2023,  hearing  and  the  documents \ncontained therein. The Respondents’ Documentary Exhibit consisting of fourteen numbered pages \nwas marked as Respondents’ Exhibit 1.   Additionally, the entire Commission’s file has been made \na part of the record.  It is hereby incorporated herein by reference.   \n\nHammon – H205909 \n \n2 \n \n                                                           Procedural History \n On October 11, 2022, the Claimant’s former attorney filed with the Commission a claim \nfor Arkansas workers’ compensation benefits by way of a Form AR-C.  Specifically, counsel for \nthe  Claimant  alleged  that  on  August  9,  2022:  “Claimant  was  in  the  scope  and  course  of \nemployment  and  sustained  injuries  to  his  right  lower  leg  with  multiple  bone  breaks,  and  other \nwhole body.”  Counsel checked all the boxes for both initial and additional workers’ compensation \nbenefits.   \n  The respondent-insurance-carrier filed a Form AR-2 with the Commission on August 22, \n2022, accepting this a compensable injury for a right leg injury.  \n On December 9, 2022, the Claimant’s attorney moved to withdraw as counsel of record for \nthe Claimant in this case.  There being no objection to the motion to withdraw as counsel for the \nClaimant,  the  Full  Commission  granted  the  motion  pursuant  to  an  order  filed  on  December  20, \n2022.   \n  Since this time and the filing of the Form AR-C, there has been no noticeable action on \nthe part of the Claimant to prosecute his claim for workers’ compensation benefits, or otherwise \npursue or bring his claim to a resolution.  \nOn May 12, 2023, the Respondents filed with the Commission a Motion to Dismiss and \nIncorporated  Brief  in  Support  wherein  they  asked  that  the  claim  be  dismissed  for  a  lack  of \nprosecution  on  the  part  of  the  Claimant.    Counsel  also  included  a  Certificate  of  Service  to  the \nClaimant  demonstrating  that  they  served  a  copy  of  the  forgoing  pleading  on  the  Claimant by \ndepositing a copy thereof in the United States Mail addressed to his last known address.    \nThe Commission sent a letter-notice to the Claimant’s address listed in the Commission’s \nfile on May 18, 2023.  Per this correspondence, the Claimant was given a deadline of twenty days, \n\nHammon – H205909 \n \n3 \n \nfor filing a written response to the Respondents’ motion.  The notice was sent to the Claimant via \nfirst-class and certified mail.  The Claimant signed for delivery of this item to his home on May \n20, 2023.   \nOn July 13, 2023, the Claimant wrote to the Commission stating, “I do not want my case \ndismissed.  I’m still receiving medical treatment...”     \n Pursuant to a Hearing Notice mailed on June 12, 2023, the Commission notified the parties \nthat a hearing was scheduled to address the Respondents’ motion to dismiss this claim due to a \nlack of prosecution.  Said hearing was scheduled for July 19, 2023, at 12:00 p.m., at the Arkansas \nWorkers’ Compensation Commission, in Little Rock, Arkansas.   \nThe documentary evidence of record demonstrates that the Commission mailed the Notice \nof  Hearing  to  the  Claimant  via  first-class  and  certified  mail.    Information  received  by  the \nCommission  from  the  United  States  Postal  Service  shows  that  the  notice  was  delivered  to  the \nClaimant home, on June 26, 2023.  The electronic return receipt bears the Claimant’s signature.    \nSubsequently,  on  July  19,  2023,  a  dismissal  hearing  was  in  fact  conducted  on  the \nRespondents’  motion  for  dismissal  as  scheduled.    The  Claimant  and  his  granddad,  Mr.  Lyle \nBrennan, appeared for the hearing.  The Respondents appeared through their attorney.   \nCounsel  noted  that  all  appropriate  benefits  have  been  paid  and  that  the  Claimant  is  still \nreceiving medical treatment and Respondents have authorized some future medical care. Counsel \nasked that the Form AR-C be dismissed at this time.  After some discussion, the Claimant agreed \nwith his claim being dismissed.        \nHere, the Claimant has not identified any issue that requires litigation or participation by \nan Administrative Law Judge/ALJ, and there has been no request for a hearing since the filing for \n\nHammon – H205909 \n \n4 \n \nthe Form AR-C.  The Claimant is currently receiving medical benefits and does not object to his \ncase being dismissed.   \nUnder these circumstances, I am compelled to find that this claim should be and is hereby \ndismissed, without prejudice to the refiling of it with the limitation period specified by law.  This \ndismissal is hereby made under the provisions of Ark. Code Ann. §11-9-702 and Rule 099.13 of \nthis Commission. \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn  the  basis  of  the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The Respondents filed with the Commission a motion to dismiss this claim, \nfor which a hearing was held. \n \n3. The evidence preponderates that the Claimant has failed to timely prosecute \nhis claim for workers’ compensation benefits.  Of significance, the Claimant \ndoes not object to his claim being dismissed.    \n \n4. Appropriate Notice of the dismissal hearing was had on all parties to their \nlast known address, in the manner prescribed by law.    \n \n            5. The Respondents’ motion  to  dismiss  is  hereby  granted  without  prejudice \npursuant to Ark. Code Ann. §11-9-702 and Commission Rule 099.13, to the \nrefiling of it within the limitation period specified by law.  \n \nORDER \n \n In accordance with the findings of fact and conclusions of law set forth above, this claim \nis hereby dismissed pursuant to Ark. Code Ann. §11-9-702 and Arkansas Workers’ Compensation \nCommission Rule 099.13, without prejudice to the refiling of it, within the limitation period  \n \n\nHammon – H205909 \n \n5 \n \nspecified by law.  \n        IT IS SO ORDERED. \n \n \n                              _______________________________ \n               HON. CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H205909 TRISTEN G. HAMMON, EMPLOYEE CLAIMANT FOLSOM TREE SERVICE, LLC, EMPLOYER RESPONDENT LM INSURANCE CORPORATION, INSURANCE CARRIER RESPONDENT LIBERTY MUTUAL GROUP, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED AUGUST 8, 2023 Hearing held before Ad...","fetched_at":"2026-05-19T23:03:36.118Z","links":{"html":"/opinions/alj-H205909-2023-08-08","pdf":"https://labor.arkansas.gov/wp-content/uploads/Hammon_TRISTEN_H205909_20230808.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}