{"id":"alj-H207710-2024-06-18","awcc_number":"H207710","decision_date":"2024-06-18","opinion_type":"alj","claimant_name":"George Shamberger","employer_name":null,"title":"SHAMBERGER VS. FED EX FREIGHTAWCC# H207710June 18, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SHAMBERGER_GEORGE_H207710_20240618.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHAMBERGER_GEORGE_H207710_20240618.pdf","text_length":2630,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207710 \n \nGEORGE SHAMBERGER, EMPLOYEE    CLAIMANT \n \nFED EX FREIGHT, EMPLOYER      RESPONDENT \n \nINDEMNITY INSURANCE CO. OF NORTH AMERICA  \nCOMPENSATION CARRIER/TPA     RESPONDENT \n            \n \n \nOPINION FILED JUNE 18, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on June 18, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Jason Ryburn, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on June 18, 2024, in Little Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas Code Ann. 11-9-702 and Rule 13 of the Workers’ Compensation Act.   The \nclaimant was originally represented by counsel and filed a Form AR-C on October 12, \n\n2023, claiming that he had injured his fingers and hand.   A Form AR- 2 had been \npreviously filed on November 9, 2022, which provided that the date of injury was \nOctober 26, 2022, and that the first day of disability was November 3, 2022.  The \nclaimant was originally represented by Mark Peoples, attorney at law, who was allowed \nto withdraw by an Order from the Full Commission, dated April 10, 2024.    \nA Motion to Dismiss the Claim was filed on April 18, 2024, contending that the \nclaimant had failed to prosecute the claim per the law and rules of the Commission.  \nThe claimant has not requested a hearing to date and more than six months have \npassed since the filing of the original claim.   \n Appropriate notice was provided to the claimant at his last known address \nnotifying him that a hearing on the Motion to Dismiss was set for June 24, 2024, in Little \nRock, Arkansas.  The claimant did not file a response and failed to appear on the \nhearing date.  At the time of the hearing, Jason Ryburn appeared on behalf of the \nRespondents and asked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, I find that this matter should be dismissed without prejudice, for failure \nto prosecute pursuant to A.C.A. 11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n\n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207710 GEORGE SHAMBERGER, EMPLOYEE CLAIMANT FED EX FREIGHT, EMPLOYER RESPONDENT INDEMNITY INSURANCE CO. OF NORTH AMERICA COMPENSATION CARRIER/TPA RESPONDENT OPINION FILED JUNE 18, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock...","fetched_at":"2026-05-19T22:52:58.866Z","links":{"html":"/opinions/alj-H207710-2024-06-18","pdf":"https://labor.arkansas.gov/wp-content/uploads/SHAMBERGER_GEORGE_H207710_20240618.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}