{"id":"alj-H207412-2023-08-30","awcc_number":"H207412","decision_date":"2023-08-30","opinion_type":"alj","claimant_name":"Marty Thorne","employer_name":"Midland Industrial Service","title":"THORNE VS. MIDLAND INDUSTRIAL SERVICE AWCC# H207412 AUGUST 30, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/THORNE_MARTY_H106654_20230830.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"THORNE_MARTY_H106654_20230830.pdf","text_length":2287,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H106654 \n \n \nMARTY THORNE, Employee                                                                        CLAIMANT                          \n \nMIDLAND INDUSTRIAL SERVICE, Employer                                        RESPONDENT                          \n \nLIBERTY MUTUAL GROUP, Carrier/TPA                                               RESPONDENT                         \n \n \n \n OPINION/ORDER FILED AUGUST 30, 2023 \n \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, \nWashington County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by DAVID C. JONES,  Attorney, Little Rock, Arkansas. \n \n \n OPINION/ORDER \n  \n This  case  comes  on  for  review  following  a  hearing  on  respondent’s  Motion  to \nDismiss. \n On  December  28,  2021,  Form  AR-C  was  filed  by  Attorney  Wesley  Cottrell  on \nbehalf of the claimant alleging an injury on June 6, 2021, and requesting compensation \nbenefits.    Some  discovery  was  completed  before  Attorney  Cottrell  filed  a  Motion to \nWithdraw as Counsel.  That motion was granted by Full Commission order filed August \n30, 2022.  Since the filing of that order, no further action has been taken by the claimant \nto  pursue  his  claim.    Respondent  filed  a  motion  to  dismiss  this  claim  for  failure  to \nprosecute on June 14, 2023.  A hearing was scheduled on respondent’s motion for August \n16, 2023, and notice of that hearing was sent to claimant by certified mail at the claimant’s \n\nThorne – H106654 \n \n2 \n \nlast known address.  The certified mail was returned to the Commission as “Unclaimed.”  \nClaimant did not appear at the hearing and has not responded to the respondent’s Motion \nto Dismiss. \n After  my  review  of  the  respondent’s  motion,  the  claimant’s  failure  to  respond \nthereto,  and all  other  matters  properly  before  the  Commission,  I  find  that  respondent’s \nmotion to dismiss this claim should be and hereby is granted.  This dismissal is pursuant \nto Commission’s  Rule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H106654 MARTY THORNE, Employee CLAIMANT MIDLAND INDUSTRIAL SERVICE, Employer RESPONDENT LIBERTY MUTUAL GROUP, Carrier/TPA RESPONDENT OPINION/ORDER FILED AUGUST 30, 2023 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington Cou...","fetched_at":"2026-05-19T23:04:41.223Z","links":{"html":"/opinions/alj-H207412-2023-08-30","pdf":"https://labor.arkansas.gov/wp-content/uploads/THORNE_MARTY_H106654_20230830.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}