{"id":"alj-H207073-2023-11-30","awcc_number":"H207073","decision_date":"2023-11-30","opinion_type":"alj","claimant_name":"Brandon Lognion","employer_name":"Good Day Farms, LLC","title":"LOGNION VS. GOOD DAY FARMS, LLC AWCC# H207073 NOVEMBER 30, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//LOGNION_BRANDON_H207073_20231130.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LOGNION_BRANDON_H207073_20231130.pdf","text_length":3065,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H207073 \n \nBRANDON E. LOGNION, EMPLOYEE       CLAIMANT \n \nGOOD DAY FARMS, LLC, EMPLOYER              RESPONDENT \n \nCLEAR SPRING PROPERTY & CASUALTY CO./ \nCCMSI, CARRIER/TPA                     RESPONDENT  \n \n \nOPINION FILED 30 NOVEMBER 2023 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 29 November 2023, Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant failed to appear. \n \nMr.  Guy Alton Wade,  Attorney-at-Law  of  Little  Rock,  Arkansas,  appeared for  the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 29 November 2023. This case relates to a workplace injury sustained on \n16 May 2022. A Form AR-C, dated 16 May 2022, was first filed with the Commission on 30 \nSeptember 2022 claiming a lower back injury. A Form AR-2 was filed with the Commission \non 27 October 2022, accepting the medical-only claim. \n On 23 June 2023 and again on 23 August 2023, the Clerk of the Commission filed \nletter Motions from the respondents, originally dated 20 June 2023, requesting that this \nmatter be dismissed for lack of prosecution. Notice of the respondents’ Motion and then notice \nof a hearing date for that Motion were sent to the claimant on 24 August 2023 and 13 October \n2023, respectively. I will note that it is the Commission’s practice for any mail sent to a \nclaimant and returned as undeliverable to affix those mailings in the Commission’s file. As \nmentioned at the hearing, no returned mailings are included in this file. \n\nLOGNION- H207073 \n2 \n \nBefore the hearing began, counsel for the respondents called into the waiting area at \nthe Commission for the claimant, but no one answered or asked to be heard on the claimant’s \nbehalf. As argued by the respondents at the hearing, the file reflects no request for a hearing \non a claim in the relevant time preceding the filing of that Motion. Notice of that Motion and \nnotice of the hearing on that Motion were sent to the address provided by the claimant, and \nthe claimant chose not to appear to resist the Motion to Dismiss this action. The respondents \nappeared, presented their Motion, and offered supporting evidence into the record. \n Arkansas Code  Annotated §  11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing.  Commission \nRule 099.13 provides for  a  dismissal  for  failure  to prosecute  an  action upon  application  by \neither  party. Based  on  the  record, the available  evidence, and the  arguments  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nVI.  ORDER \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 H207073 BRANDON E. LOGNION, EMPLOYEE CLAIMANT GOOD DAY FARMS, LLC, EMPLOYER RESPONDENT CLEAR SPRING PROPERTY & CASUALTY CO./ CCMSI, CARRIER/TPA RESPONDENT OPINION FILED 30 NOVEMBER 2023 Heard before Arkansas Workers’ Compensation Commission (AWCC) Admini...","fetched_at":"2026-05-19T23:01:03.240Z","links":{"html":"/opinions/alj-H207073-2023-11-30","pdf":"https://labor.arkansas.gov/wp-content/uploads//LOGNION_BRANDON_H207073_20231130.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}