{"id":"alj-H206562-2024-10-04","awcc_number":"H206562","decision_date":"2024-10-04","opinion_type":"alj","claimant_name":"Earnest King","employer_name":"Art Transport Inc","title":"KING VS. ART TRANSPORT INC AWCC# H206562 October 04, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/KING_EARNEST_H206562_20241004.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KING_EARNEST_H206562_20241004.pdf","text_length":2725,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H206562 \n \nEARNEST KING, EMPLOYEE   CLAIMANT \n \nART TRANSPORT INC., EMPLOYER RESPONDENT \n \nAMTRUST NORTH AMERICA/INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED OCTOBER 4, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian \nCounty, Arkansas. \n \nClaimant is represented by MATTHEW J. KETCHAM, Attorney, Fort Smith, Arkansas. \n \nRespondents are represented by WILLIAM C. FRYE, Attorney, North Little Rock, Arkansas \n \nOPINION/ORDER \n \n On  November 15, 2022, claimant filed Form AR-C, alleging a compensable injury on March \n23, 2022.   Claimant was represented at the time by Matthew J. Ketcham, who remains his attorney of \nrecord.   \nOn April 26, 2024, respondent filed a Motion to Dismiss, alleging that it had been more than \nsix months since claimant filed his Form AR-C with the Commission, but he had not made a request \nfor  a  hearing  in  that  time.  Rather  than  setting  a  hearing  on  that  Motion  to  Dismiss,  a  Prehearing \nConference  was  conducted  and  the  parties  agreed  that  the  Motion  to  Dismiss  should  be  held  in \nabeyance  pending  the  outcome  of  the  hearing  on  the  merits.    That  hearing  was  scheduled  for \nSeptember 30, 2024, at 1:30 P.M.   Notice of the scheduled hearing was sent to claimant by certified \nmail  at  the  last known address in the Commission’s file.  The notice was  delivered  to  claimant  on \nAugust  2,  2024.  Claimant  did  not  appear  in  person  at  the  hearing  on September  30,  2024,  as  his \nattorney had asked for him to be excused and I agreed he did not have to appear.   \n\nKing-H206562 \n \n2 \n \nMr. Ketcham appeared at the hearing and advised that after this matter was filed, discovery \nrevealed  that  claimant  was  not  an employee  of  respondent  ART  Transportation,  but  rather  was \nworking as an independent contractor.  As such, he saw no need to proceed to the merits of the claim \nat the scheduled hearing.   \nMr. William Frye, attorney for respondents, then renewed his Motion to Dismiss which had \nbeen held in abeyance.  Mr. Ketcham did not object to it being presented at that time.  \nTherefore, based on my review of  respondent’s motion, the claimant’s lack of objection to it \nand all other matters properly before the Commission, I find that respondent’s Motion to Dismiss \nthis claim should be and hereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and \nis without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                    \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206562 EARNEST KING, EMPLOYEE CLAIMANT ART TRANSPORT INC., EMPLOYER RESPONDENT AMTRUST NORTH AMERICA/INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED OCTOBER 4, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian County, A...","fetched_at":"2026-05-19T22:47:22.515Z","links":{"html":"/opinions/alj-H206562-2024-10-04","pdf":"https://labor.arkansas.gov/wp-content/uploads/KING_EARNEST_H206562_20241004.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}