{"id":"alj-H208441-2024-12-13","awcc_number":"H208441","decision_date":"2024-12-13","opinion_type":"alj","claimant_name":"Mark Still","employer_name":"Luther Family Holdings, Ltd., D/b/a/ Landers Auto Group","title":"STILL VS. LUTHER FAMILY HOLDINGS, LTD., D/B/A/ LANDERS AUTO GROUP AWCC# H208441 December 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/STILL_MARK_H208441_20241213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"STILL_MARK_H208441_20241213.pdf","text_length":3255,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H208441 \n \nMARK ALLEN STILL, EMPLOYEE        CLAIMANT \n \nLUTHER FAMILY HOLDINGS, LTD., \nD/B/A/ LANDERS AUTO GROUP, EMPLOYER   RESPONDENT \n \nLM INSURANCE CORPORATION/ CARRIER     RESPONDENT \n \nOPINION FILED DECEMBER 13, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on December 3, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, David C. Jones, of Little Rock \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on December 3, 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 099.13 of the Arkansas Workers’ Compensation \nAct. The claimant was pro se and failed to appear for the hearing. The Claimant suffered \nan accidental injury to his left shoulder, as well as residual injuries, from the incident, that \narose out of and in the course of his employment on November 25, 2002, while at work \nfor  Respondents. A  Form  AR-1  was  filed  on  December  2,  2022,  with  the  Arkansas \nWorkers’ Compensation Commission. A Form AR-2 was then filed with the Commission \non December 9, 2022, confirming that the claim had been accepted and temporary total \nbenefits had been initiated. The claimant eventually underwent treatment at the direction \nof  Dr.  Jeffrey  Johnson,  which  included  surgery  in  February  of  2023.  The  claimant \n\nMark Still – H208441 \nunderwent a functional capacity exam on June 8, 2023, where he put forth a perfect effort \nof 50 out of 50 and was assigned an 8% impairment rating to the body as a whole as a \nresult  of  the above-mentioned injury  and  this was  accepted  by  the  Respondents.  The \nClaimant returned to work with the Respondent/Employer. The claimant was previously \nrepresented by Laura Beth York, who was allowed to withdraw by an Order from the Full \nCommission filed on January 9, 2024.   \n The claimant has failed to take any action in more than six months to pursue this \nclaim. A Motion to Dismiss was filed by the respondents in this matter on September 26, \n2024. Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for December 3, 2024, 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, \nDavid  Jones appeared  on  behalf  of  the  Respondents and asked  that  the  matter  be \ndismissed 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, it is found 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 dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208441 MARK ALLEN STILL, EMPLOYEE CLAIMANT LUTHER FAMILY HOLDINGS, LTD., D/B/A/ LANDERS AUTO GROUP, EMPLOYER RESPONDENT LM INSURANCE CORPORATION/ CARRIER RESPONDENT OPINION FILED DECEMBER 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in...","fetched_at":"2026-05-19T22:45:26.954Z","links":{"html":"/opinions/alj-H208441-2024-12-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/STILL_MARK_H208441_20241213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}