{"id":"alj-H207215-2023-08-30","awcc_number":"H207215","decision_date":"2023-08-30","opinion_type":"alj","claimant_name":"Columbus Kinley","employer_name":"Black, Inc./blue Seal Petroleum (stuttgart)","title":"KINLEY VS. BLACK, INC./BLUE SEAL PETROLEUM (STUTTGART) AWCC# H207215AUGUST 30, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:3","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//KINLEY_COLUMBUS_H207215_20230830.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KINLEY_COLUMBUS_H207215_20230830.pdf","text_length":2646,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207215 \n \nCOLUMBUS F. KINLEY, EMPLOYEE         CLAIMANT \n \nBLACK, INC./BLUE SEAL PETROLEUM (STUTTGART), \nEMPLOYER                           RESPONDENT \n \nFARMINGTON CASUALTY CO., CARRIER/TPA                     RESPONDENT \n \n \nOPINION FILED 30 AUGUST 2023 \n \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on Wednesday, 30 August 2023. \n \nClaimant, Columbus F. Kinley, did not appear. \n \nMr.  Guy  Alton  Wade,  Attorney-at-Law  of  Little  Rock,  appeared  on  behalf  of \nrespondents. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above-styled  matter  on 30  August 2023,  in  Little  Rock, \nArkansas,  on  respondents’ Motion  to  Dismiss.   This  claim  involves  an  alleged  workplace \ninjury  that  was  denied  as  compensable  by  the  respondents,  who  claimed  that  any  injury \noccurred outside of the course and scope of employment.  \n The  claimant  was  initially  represented  by  counsel  who  filed  an  AR-C  with  the \nCommission   on   6   January   2023.  Discovery   commenced   and   a  prehearing  telephone \nconference was set for 13 June 2023, but the claimant passed away unexpectedly, and from \napparently  unrelated  causes,  on  8  May  2023.   Claimant’s counsel communicated with the \ndecedent’s spouse  on  the  pendency  of  this  claim  and  subsequently  moved  to  withdraw  as \ncounsel.  That motion was granted by the Full Commission on 15 June 2023.  \nThe record reflects that the respondents then moved for a dismissal on 22 June 2023. \nNotice was sent on the motion’s hearing, and no response was received from anyone acting \n\nKINLEY- H207215 \n2 \n \non the claimant’s behalf.  At the time of the hearing, Mr. Wade represented that he had not \nbeen made aware of any attempt to substitute an administrator for an estate in this action \nor any other efforts along those lines by someone resisting the dismissal of this matter.     A \ncopy of the claimant’s death certificate and  other  relevant  records  were  admitted  without \nobjection as “Respondents’ Exhibit No 1” at the hearing. \n Based  on  the  record,  available  evidence,  and  argument  of  counsel,  I  am  inclined  to \nfind  that  the  Motion  to  Dismiss  should  be  granted  and  the  matter  should  be  dismissed \nwithout prejudice.  \nORDER \n Pursuant to the above, I find that the Motion to Dismiss should be granted and this \nmatter should be dismissed without prejudice at this time.   \nSO ORDERED. \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207215 COLUMBUS F. KINLEY, EMPLOYEE CLAIMANT BLACK, INC./BLUE SEAL PETROLEUM (STUTTGART), EMPLOYER RESPONDENT FARMINGTON CASUALTY CO., CARRIER/TPA RESPONDENT OPINION FILED 30 AUGUST 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pu...","fetched_at":"2026-05-19T23:04:35.035Z","links":{"html":"/opinions/alj-H207215-2023-08-30","pdf":"https://labor.arkansas.gov/wp-content/uploads//KINLEY_COLUMBUS_H207215_20230830.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}