{"id":"alj-H206410-2023-11-21","awcc_number":"H206410","decision_date":"2023-11-21","opinion_type":"alj","claimant_name":"Stephen Mcdaniel","employer_name":"Sonic Drive-In Of Bald Knob, LLC","title":"MCDANIEL VS. SONIC DRIVE-IN OF BALD KNOB, LLC AWCC# H206410 NOVEMBER 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/McDANIEL_STEPHEN_H206410_20231121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"McDANIEL_STEPHEN_H206410_20231121.pdf","text_length":3102,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H206410 \n \nSTEPHEN P. MCDANIEL, EMPLOYEE          CLAIMANT \n \nSONIC DRIVE-IN OF BALD KNOB, LLC, EMPLOYER         RESPONDENT  \n \nMILLFORD CASUALTY INSURANCE COMPANY/  \nGALLAGHER BASSETT SERVICES INC., \nCARRIER/TPA               RESPONDENT \n \nOPINION FILED NOVEMBER 21, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on November 21\nst\n,  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  November  21,  2023,  in  Little \nRock, Arkansas, on respondent’s 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  contended  that  he  sustained  injuries  to  his  right \nshoulder and stomach while working for the Sonic in Bald Knob on August 21, 2022.  A \nForm AR-2 was filed by the respondents and the claim was controverted in its entirety.   \nOn or about November 22, 2022, the claimant through his former attorney filed a Form \nAR-C  requesting  initial  and  additional  benefits  as  a  result  of  the  alleged  claim.    The \nrespondent’s  attorney  propounded  Interrogatories  and  Requests  for  the  Production  of \nDocuments  on  or  about  October  17,  2022,  and  the  claimant  has  failed  or  refused  to \nrespond to the discovery.  On May 23, 2023, the claimant’s former attorney, Laura Beth \n\nMcDANIEL – H206410 \n \n2 \n \nYork,  obtained  an  Order  from  the  Full  Commission  allowing  her  to  withdraw  from  this \nmatter.  It is found that the claimant has not taken any action or made a bonafide request \nfor a hearing in more than six (6) months.  A Motion to Dismiss for failure to prosecute \nwas filed on August 11, 2023, and the claimant failed to respond to the motion.   \nA hearing was set for November 21, 2023, in regard to the Motion to Dismiss.  The \nclaimant failed to appear at the hearing after proper notice.  At the time of the hearing, \nRick  Behring  appeared  on  behalf  of  the  respondents  and  asked  that  the  matter  be \ndismissed for lack of prosecution. \n After 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 respondent’s \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 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 \nArkansas  Code  Annotated  §11-9-702  and Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act at this time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206410 STEPHEN P. MCDANIEL, EMPLOYEE CLAIMANT SONIC DRIVE-IN OF BALD KNOB, LLC, EMPLOYER RESPONDENT MILLFORD CASUALTY INSURANCE COMPANY/ GALLAGHER BASSETT SERVICES INC., CARRIER/TPA RESPONDENT OPINION FILED NOVEMBER 21, 2023 Hearing before Administrative L...","fetched_at":"2026-05-19T23:00:44.360Z","links":{"html":"/opinions/alj-H206410-2023-11-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/McDANIEL_STEPHEN_H206410_20231121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}