{"id":"alj-H207056-2024-12-17","awcc_number":"H207056","decision_date":"2024-12-17","opinion_type":"alj","claimant_name":"Darius Graydon","employer_name":"University Of Arkansas At Pine Bluff","title":"GRAYDON VS. UNIVERSITY OF ARKANSAS AT PINE BLUFF AWCC# H207056 December 17, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2","denied:1"],"injury_keywords":["hip","ankle"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GRAYDON_DARIUS_S_H207056_20241217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GRAYDON_DARIUS_S_H207056_20241217.pdf","text_length":2534,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H207056 \n \nDARIUS S. GRAYDON, EMPLOYEE       CLAIMANT \n \nUNIVERSITY OF ARKANSAS  \nAT PINE BLUFF, EMPLOYER                   RESPONDENT \n \nPUBLIC EMPLOYEE CLAIMS DIVISION,  \nCARRIER/TPA                        RESPONDENT \n  \n \n \nOPINION FILED 17 DECEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 12 December 2024 in Pine Bluff, Arkansas. \n \nMr. Charles R. Padgham waived his appearance for the claimant. \n \nMs. Charles H. McLemore appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Pine \nBluff, Arkansas, on 12 December 2024. This case relates to an alleged workplace injury \nsustained on or about 7 September 2022. A First Report of Injury was filed by the \nrespondents on 31 October 2022, and A Form AR-2 was filed the following day, noting that \nthe claim was denied for a lack of objective medical findings. Prior to those filings, a Form \nAR-C was filed by the claimant, through counsel, on 30 September 2022 claiming injuries to \nthe claimant’s right hip, leg, and ankle. See Respondents’ Exhibit No 1. \n The respondents filed a Motion to Dismiss for Failure to Prosecute on 19 September \n2024, citing the applicable statute and rule. In a letter dated 24 September 2024, the \nclaimant advised that he did not object to the respondents’ motion for dismissal. Id. \n\nD. GRAYDON- H207056 \n2 \n \nThe respondents appeared on 12 December 2024, presented their motion, and \noffered supporting evidence into the record. As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \nof their motion. And the claimant does not object to the dismissal of this claim.  \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H207056 DARIUS S. GRAYDON, EMPLOYEE CLAIMANT UNIVERSITY OF ARKANSAS AT PINE BLUFF, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, CARRIER/TPA RESPONDENT OPINION FILED 17 DECEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Ad...","fetched_at":"2026-05-19T22:45:37.530Z","links":{"html":"/opinions/alj-H207056-2024-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GRAYDON_DARIUS_S_H207056_20241217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}