{"id":"alj-H206196-2024-10-15","awcc_number":"H206196","decision_date":"2024-10-15","opinion_type":"alj","claimant_name":"Michael Devries","employer_name":"Siemens Smart Infrastructure","title":"DEVRIES VS. SIEMENS SMART INFRASTRUCTURE AWCC# H206196 October 15, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/DEVRIES_MICHAEL_H206196_20241015.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DEVRIES_MICHAEL_H206196_20241015.pdf","text_length":2934,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H206196 \n \nMICHAEL DEVRIES, EMPLOYEE     CLAIMANT \nSIEMENS SMART INFRASTRUCTURE, EMPLOYER  RESPONDENT \nTECHNOLOGY INSURACE COMPANY/ \nTRAVELERS INDEMNITY CO., CARRIER/TPA   RESPONDENT \n            \n \nOPINION FILED OCTOBER 17, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Clinton, \nArkansas, on October 10, 2024. \nClaimant is pro se and appeared on his own behalf. \nRespondents are represented by their attorney, Guy Alton Wade, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on October  10, 2024, in Clinton, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 13 of the Workers’ Compensation Act.  A Form \nAR-C was filed on March 8, 2023, claiming the claimant had injured his left toe, left foot, \nand “other whole body.”  A First Report of Injury provided that the report was prepared on \nAugust  29,  2023. A Form AR- 2 provided  that  the  claimant  was  injured  on  August  17, \n2023, and the claim was accepted for the amputation of the great toe and a laceration to \nthe second toe. The claimant was originally represented by Laura Beth York, attorney at \nlaw, who was allowed to withdraw by an Order from the Full Commission, dated August \n7, 2024.    \n\nMichael Devries – AWCC H206196 \nA Motion to Dismiss the Claim was filed on or about August 20, 2024, by letter, \ncontending that the claimant had failed to request a hearing or pursue the matter further.  \nThe claimant failed to file any response to the Motion. Appropriate notice was received \nby the claimant, and he appeared on his own behalf. The claimant had not requested a \nhearing as of the date of the Motion to Dismiss hearing and had failed to pursue his claim \nwith more than six months passing from the filing of the original claim. The claimant stated \nhe  was  not  aware  of  any  additional  benefits  that  he was  entitled  to  and  really  had  no \nreason to object to the dismissal. At the time of the hearing, Guy Alton Wade appeared \non  behalf  of  the  Respondents and asked  that  the  matter  be  dismissed  for  lack  of \nprosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nRespondent, as well as statements by the claimant, it is found that this matter should be \ndismissed without prejudice, for failure to prosecute pursuant to A.C.A. 11-9-702 and Rule \n099.13 of the Arkansas Workers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206196 MICHAEL DEVRIES, EMPLOYEE CLAIMANT SIEMENS SMART INFRASTRUCTURE, EMPLOYER RESPONDENT TECHNOLOGY INSURACE COMPANY/ TRAVELERS INDEMNITY CO., CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 17, 2024 Hearing before Administrative Law Judge James D. Kennedy...","fetched_at":"2026-05-19T22:47:41.381Z","links":{"html":"/opinions/alj-H206196-2024-10-15","pdf":"https://labor.arkansas.gov/wp-content/uploads/DEVRIES_MICHAEL_H206196_20241015.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}