{"id":"alj-H207526-2025-08-20","awcc_number":"H207526","decision_date":"2025-08-20","opinion_type":"alj","claimant_name":"Michael Gilbert","employer_name":"Evergreen Packaging, LLC","title":"GILBERT VS. EVERGREEN PACKAGING, LLC AWCC# H207526 & H307464August 20, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GILBERT_MICHAEL_H207526_H307464_20250820.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GILBERT_MICHAEL_H207526_H307464_20250820.pdf","text_length":4070,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE Nos H207526 & H307464 \n \nMICHAEL T. GILBERT, EMPLOYEE        CLAIMANT \n \nEVERGREEN PACKAGING, LLC EMPLOYER                      RESPONDENT \n \nINDEMNITY INSURANCE CO. OF NORTH AMERICA/ \nSEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA (H207526)      RESPONDENT \n \nACE AMERICAN/GALLAGHER BASSETT, \nCARRIER/TPA (H307464)            RESPONDENT \n  \n \n \nOPINION FILED 20 AUGUST 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 5 June 2025 in Pine Bluff, Arkansas. \n \nThe pro se claimant failed to appear. \n \nThe Frye Law Firm, Mr. Bill Frye, 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 5 June 2025. This case relates to alleged workplace injuries occurring \non 27 October 2021 (H307464) and 28 September 2022 (H207526). The hearing record \nconsists of the transcript and two exhibits: Respondent’s Exhibit No 1 is the Form AR-C \nfiled in Claim No H307464 and Respondent’s Exhibit No 2 is the Form AR-C filed in Claim \nNo H207526. I am also blue-backing to this opinion the Full Commission Orders granting \nthe request of the claimant’s previous counsel to withdraw her representation from these \nclaims, the respondents’ requests for dismissal, the relevant mailings from my office, and \naccompanying delivery confirmation receipts for the same. In accordance with Sapp v. \nTyson Foods, Inc., 2010 Ark. App. 517, 2010 Ark. App. LEXIS 549, those documents are \nbeing served on the parties in conjunction with this opinion. \n\nGILBERT- H207526 & H307464 \n2 \n \nOn 10 November 2022, the claimant, though then-counsel, filed a Form AR-C in \nClaim No H307464. Then, on 18 November 2022, the claimant’s counsel filed a Form AR-C \nin Claim H207526. On 14 August 2024, the Full Commission entered Orders granting \nCounsel’s request to withdraw her representation from both claims.  \nThe respondents eventually requested that these claims be dismissed under \nCommission Rule 099.13 (now codified at 11 C.A.R. § 25-110(d)). They note that the \nclaimant had not taken action on his claims since the AR-C filings.  \n Notice of the respondents’ motion was sent to the claimant, consistent with \nCommission practices, via First Class Mail and Certified Mail on 21 January 2025. Notice \nof the hearing on the respondents motion was sent in the same manner on 1 May 2025. \nCopies of those mailings and the accompanying proof of delivery receipts are blue-backed to \nthis opinion. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over these claims. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on the motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute his \nclaims under 11 C.A.R. § 25-110(d). \n \n4. The Motion to Dismiss is hereby granted; these claims are dismissed without \nprejudice under 11 C.A.R. § 25-110(d). \n \nDISCUSSION \nThe respondents appeared on 5 June 2025 and presented their motion. As argued by \nthe respondents at the hearing, Commission Rule 099.13 (now 11 C.A.R. § 25-110(d)) \nprovides for a dismissal for failure to prosecute an action upon application by either party \n\nGILBERT- H207526 & H307464 \n3 \n \nand reasonable notice. The claimant did not file a response to the motion or appear at the \nhearing to argue against the dismissal of his claims. The record does not reflect a request \nfor a hearing or any other action taken by the claimant in furtherance of the prosecution of \neither claim. A dismissal without prejudice is, therefore, appropriate.  \nORDER \n The Motion to Dismiss is GRANTED, and these claims are DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE Nos H207526 & H307464 MICHAEL T. GILBERT, EMPLOYEE CLAIMANT EVERGREEN PACKAGING, LLC EMPLOYER RESPONDENT INDEMNITY INSURANCE CO. OF NORTH AMERICA/ SEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA (H207526) RESPONDENT ACE AMERICAN/GALLAGHER BASSETT, CARRIER/TPA (H307...","fetched_at":"2026-05-19T22:37:47.905Z","links":{"html":"/opinions/alj-H207526-2025-08-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GILBERT_MICHAEL_H207526_H307464_20250820.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}