{"id":"alj-H208268-2024-03-12","awcc_number":"H208268","decision_date":"2024-03-12","opinion_type":"alj","claimant_name":"Michael Brinsa","employer_name":"Labor Source, LLC","title":"BRINSA VS. LABOR SOURCE, LLC AWCC# H208268 MARCH 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BRINSA_MICHAEL_H208268_20240312.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRINSA_MICHAEL_H208268_20240312.pdf","text_length":2841,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H208268 \n \nMICHAEL C. BRINSA (DEC’D), EMPLOYEE      CLAIMANT \n \nLABOR SOURCE, LLC, EMPLOYER               RESPONDENT \n \nWESCO INS. CO./AMTRUST NORTH AMERICA, \nCARRIER/TPA                           RESPONDENT  \n \n \nOPINION FILED 12 MARCH 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe, 6 March 2024, in Little Rock Pulaski County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. William C. Frye, Attorney-at-Law of North Little Rock, 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 Little \nRock, Arkansas, on 6 March 2024. This case relates to an alleged workplace injury sustained \non 11 November 2022, when the claimant was found deceased in his personal vehicle at a \nwork-site.  A Form AR-2 was also filed on 28 November 2022, denying the claim as not related \nto the course and scope of employment.  A From AR-C was filed on 1 December 2022. \nAccording to correspondence accompanying the filing of the AR-C, a hearing was not being \nrequested at the time of that filing. \n According to the respondents, the decedent’s widow Tevonia Hall sat for a deposition \nin this matter sometime ago.  On 11 October 2023, the claimant’s counsel filed with the \nCommission, a Motion to Withdraw, and that Motion was granted in an Order dated 24 \nOctober 2023. The respondents filed their Motion to Dismiss for Failure to Prosecute on 13 \nNovember 2023, stating that the claimant had not sought a hearing on any matter at \n\nM. BRINSA (DEC’D)- H208268 \n2 \n \ncontroversy in the six (6) months preceding that filing. The claimant did not file an objection \nto the dismissal or appear at the hearing to argue against the respondents’ Motion. The \nrespondents  appeared,  presented  their Motion,  and  offered  supporting  evidence  into  the \nrecord.  As argued by the respondents at the hearing, the file reflects no request for a hearing \non a claim in the relevant time preceding the filing of that Motion.  \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout  prejudice  after  six months without  a bona  fide request for  a hearing. Commission \nRule 099.13 provides for  a  dismissal  for  failure  to prosecute  an  action upon  application  by \neither  party. Based  on  the  record, the available  evidence, and the  arguments  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H208268 MICHAEL C. BRINSA (DEC’D), EMPLOYEE CLAIMANT LABOR SOURCE, LLC, EMPLOYER RESPONDENT WESCO INS. CO./AMTRUST NORTH AMERICA, CARRIER/TPA RESPONDENT OPINION FILED 12 MARCH 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrat...","fetched_at":"2026-05-19T22:56:07.717Z","links":{"html":"/opinions/alj-H208268-2024-03-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/BRINSA_MICHAEL_H208268_20240312.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}