{"id":"alj-H207764-2023-12-12","awcc_number":"H207764","decision_date":"2023-12-12","opinion_type":"alj","claimant_name":"Willard Pennington","employer_name":"England Dirt Works & More, LLC","title":"PENNINGTON VS. ENGLAND DIRT WORKS & MORE, LLC AWCC# H207764 DECEMBER 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PENNINGTON_WILLARD_H207764_20231212.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PENNINGTON_WILLARD_H207764_20231212.pdf","text_length":2977,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207764 \n \nWILLARD J. PENNINGTON, II, EMPLOYEE          CLAIMANT \n \nENGLAND DIRT WORKS & MORE, LLC, EMPLOYER         RESPONDENT \n \nNATIONAL SPECIALTY INSURANCE, CARRIER / \nSTATE NATIONAL INSURANCE CO., TPA                              RESPONDENT \n            \nOPINION FILED DECEMBER 12, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on December 5, 2023. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. J. Matthew Mauldin, Attorney-\nat-Law of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on December 5, 2023, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated   §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.  The claimant was pro se and failed to appear for the hearing.  The claimant had filed \na letter on May 6, 2022, requesting a hearing.  A Form AR-C was filed on November 1, \n2022, providing that the claimant had sustained injuries to his right leg, right knee, right \nshin, and whole body, as well as nerve impingement on June 12, 2022.  The First Report \nof Injury filed on February 10, 2023, provided that the claimant had injured himself when \nhe stepped on a manhole cover that flipped up and he hurt his leg.  The claimant initially \nretained Laura Beth York as his attorney but she was allowed to withdraw by an Order of \nthe Full Commission dated August 25, 2023. The claimant has taken no further action to \nprosecute his claim and the respondents filed a Motion to Dismiss on October 2, 2023, \n\nPENNINGTON – H207764 \n \n2 \n \nrequesting that the matter be dismissed for lack of prosecution pursuant to Commission \nRule 099.13 and Ark. Code Ann. § 11-9-702.  \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for December 5, 2023, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nMr. J. Matthew Mauldin appeared on behalf of the respondents and asked that the matter \nbe dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondents, I find that this matter should be dismissed without prejudice, for failure to \nprosecute  pursuant  to  Ark.  Code  Ann.  §  11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207764 WILLARD J. PENNINGTON, II, EMPLOYEE CLAIMANT ENGLAND DIRT WORKS & MORE, LLC, EMPLOYER RESPONDENT NATIONAL SPECIALTY INSURANCE, CARRIER / STATE NATIONAL INSURANCE CO., TPA RESPONDENT OPINION FILED DECEMBER 12, 2023 Hearing before Administrative Law J...","fetched_at":"2026-05-19T22:59:21.940Z","links":{"html":"/opinions/alj-H207764-2023-12-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/PENNINGTON_WILLARD_H207764_20231212.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}