{"id":"alj-H207528-2023-09-25","awcc_number":"H207528","decision_date":"2023-09-25","opinion_type":"alj","claimant_name":"Rusty Risner","employer_name":"Rite Of Passage Inc","title":"RISNER VS. RITE OF PASSAGE INC. AWCC# H207528 SEPTEMBER 25, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/RISNER_RUSTY_H207528_20230925.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RISNER_RUSTY_H207528_20230925.pdf","text_length":2181,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207528 \n \nRUSTY L. RISNER, EMPLOYEE   CLAIMANT \n \nRITE OF PASSAGE INC., EMPLOYER RESPONDENT \n \nESIS INC./.INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED SEPTEMBER 25, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian \nCounty, Arkansas. \n \nClaimant is not represented and did not appear at the hearing. \n \nRespondents are represented by ERIC NEWKIRK, Attorney, Little Rock, Arkansas \n \nOPINION/ORDER \n \n On  November 28, 2022, claimant filed Form AR-C, alleging a compensable injury on  July \n26, 2022.   Claimant was represented at the time by Laura Beth York , who filed a Motion to Withdraw \non February 9, 2023 and was allowed to withdraw on February 21, 2023.  No other attorney entered \nan appearance on claimant’s behalf.    \nOn August 2, 2023, respondent filed a Motion to Dismiss, alleging that it had been more than \nsix months since claimant filed his Form AR-C with the Commission, but he had not made a request \nfor a hearing in that time. A hearing on respondent’s Motion to Dismiss was scheduled for September \n19, 2023.  Notice of the scheduled hearing was sent to  claimant by certified mail at the last  known \naddress in the Commission’s file. The notice was returned unclaimed on September 8, 2023.  Claimant \ndid not respond to Respondent’s motion and did not appear in person at the hearing on September \n19, 2023.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nRisner-H207528 \n \n2 \n \nhearing has been made in this file.  After my review of the Respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the Respondent’s motion, as well as all other matters \nproperly before the Commission, I find that Respondent’s Motion to Dismiss this claim should be \nand hereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207528 RUSTY L. RISNER, EMPLOYEE CLAIMANT RITE OF PASSAGE INC., EMPLOYER RESPONDENT ESIS INC./.INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED SEPTEMBER 25, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian County, Arka...","fetched_at":"2026-05-19T23:03:06.809Z","links":{"html":"/opinions/alj-H207528-2023-09-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/RISNER_RUSTY_H207528_20230925.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}