{"id":"alj-H206803-2025-06-17","awcc_number":"H206803","decision_date":"2025-06-17","opinion_type":"alj","claimant_name":"Kristopher Worrall","employer_name":"Powell Feed & Milling Co., Inc","title":"WORRALL VS. POWELL FEED & MILLING CO., INC. AWCC# H206803 June 17, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["neck"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WORRALL_KRISTOPHER_H206803_20250617.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WORRALL_KRISTOPHER_H206803_20250617.pdf","text_length":2541,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H206803 \n \nKRISTOPHER WORRALL, Employee CLAIMANT \n \nPOWELL FEED & MILLING CO., INC., Employer RESPONDENT \n  \nMIDWEST INSURANCE COMPANY, Carrier RESPONDENT \n \n OPINION/ORDER FILED JUNE 17, 2025  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Springdale, \nWashington County, Arkansas. \n \nClaimant represented by JASON M. HATFIELD, Attorney, Fayetteville, Arkansas. \n \nRespondent represented by MICHAEL C. STILES, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn March  16,  2023, Jason  Hatfield, claimant’s attorney, filed a  Form AR-C  requesting \nvarious compensation benefits in which he alleged injuries to his left arm and neck on or about \nSeptember  15,  2022.  A  hearing  was  requested  on  February  22,  2024;  however,  the  claimant \npassed away before the hearing was set and Mr. Hatfield withdrew the claimant’s request for a \nhearing. No further action was taken in this claim.   \nOn December  31,  2024,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim be dismissed for lack of prosecution. A hearing was scheduled for April 22, 2025. Notice \nof  that  hearing  was  sent  to  the  claimant’s widow by  certified  mail,  return  receipt  requested  on \nFebruary  27,  2025. United  States  Postal  Department  records  indicate  that  claimant’s  widow \nreceived  and  signed  for  the  notice  on March  4,  2025.  Despite  having  received  notice  of  the \nscheduled hearing, no one representing the claimant’s estate appeared at the hearing. \n\nWorrall – H206803 \n2 \n \nMr.  Hatfield  attended  the  hearing  and  indicated  that  none  of  the  claimant’s  family \nmembers  have  contacted  him  regarding  pursuing  his  claim  any  further;  therefore,  he  had  lost \nstanding to pursue this claim. \n After my review of respondent’s Motion to Dismiss, Mr. Hatfield’s response thereto that \nhe is blocked from pursing this claim by the claimant’s death, and the failure of anyone from the \nclaimant’s estate to appear at the scheduled hearing, as well as all other matters properly before \nthe Commission, I  find that respondent’s Motion to Dismiss this claim should be and hereby is \ngranted pursuant to A.C.A. §11-9-702(a)(4).  This dismissal is without prejudice.    \n IT IS SO ORDERED. \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H206803 KRISTOPHER WORRALL, Employee CLAIMANT POWELL FEED & MILLING CO., INC., Employer RESPONDENT MIDWEST INSURANCE COMPANY, Carrier RESPONDENT OPINION/ORDER FILED JUNE 17, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Springdale, Washingt...","fetched_at":"2026-05-19T22:39:43.117Z","links":{"html":"/opinions/alj-H206803-2025-06-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WORRALL_KRISTOPHER_H206803_20250617.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}