{"id":"alj-H207959-2023-10-25","awcc_number":"H207959","decision_date":"2023-10-25","opinion_type":"alj","claimant_name":"Jonathan Gregory","employer_name":"White Hall School District","title":"GREGORY VS. WHITE HALL SCHOOL DISTRICT AWCC# H207959 OCTOBER 25, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GREGORY_JONATHAN_H207959_20231025.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GREGORY_JONATHAN_H207959_20231025.pdf","text_length":2688,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207959 \n \nJONATHON GREGORY, EMPLOYEE                   CLAIMANT \n \nWHITE HALL SCHOOL DISTRICT, EMPLOYER             RESPONDENT \n \nAR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA              RESPONDENT \n \n \nOPINION FILED 25 OCTOBER 2023 \n \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on Wednesday, 25 October 2023. \n \nMr. Mark Alan Peoples, Attorney-at-Law of Little Rock, Arkansas, represents the \nclaimant and waived his appearance. \n \nMs. Melissa Wood, Attorney-at-Law of Little Rock, Arkansas, appeared on behalf of \nrespondents. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above-styled  claim  on  25  October 2023,  in  Little  Rock, \nArkansas,  on  respondents’ Motion  to  Dismiss  this  matter.   This  claim  involves  an  alleged \nworkplace injury occurring on 25 August 2022.  \n A Form AR-C was filed with the Commission on 9 November 2022 by the claimant’s \ncounsel  Mr.  Mark  Alan  Peoples.    A Form AR-2  was  filed  with  the  Commission  on 10 \nNovember 2022 accepting the medical-only claim.  \nIn January of 2023, the claimant requested a hearing before an Administrative Law \nJudge.  That request was withdrawn via an email from Mr. Peoples on 21 February 2023.  A \nChange  of  Physician was  granted  by  the  Medical  Cost  Containment Division  on  10  March \n2023. \nOn 15 August 2023, the respondents moved for a dismissal without prejudice for the \nclaimant’s  failure  to  prosecute  his  claim. As  argued  in  the  respondents’ Motion,  the  file \n\nJ. GREGORY- H207959 \n2 \n \nreflects no request for a hearing on the claim in the relevant time preceding the filing of that \nMotion.  Appropriate notice of the Motion was sent to the claimant, and on 16 August 2023 \nhe communicated, through counsel, that he did not intend to resist the Motion so long as the \ndismissal was without prejudice.    After  the  hearing  on the  Motion was set  and  notice was \nsent,  the  claimant  communicated  on  19  September  2023,  again  through  counsel,  that  he \nintended to waive his appearance at the hearing.  \nThe respondents appeared today to present their unopposed Motion to Dismiss. Based \non the record, available evidence, and argument of counsel, I find that the Motion to Dismiss \nshould be granted and that the matter should be dismissed without prejudice.  \nORDER \n Pursuant to the above, I find that the Motion to Dismiss should be granted and that \nthis matter should be dismissed without prejudice at this time.   \nSO ORDERED. \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207959 JONATHON GREGORY, EMPLOYEE CLAIMANT WHITE HALL SCHOOL DISTRICT, EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA RESPONDENT OPINION FILED 25 OCTOBER 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, ...","fetched_at":"2026-05-19T23:02:04.150Z","links":{"html":"/opinions/alj-H207959-2023-10-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/GREGORY_JONATHAN_H207959_20231025.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}