{"id":"alj-H208528-2023-06-27","awcc_number":"H208528","decision_date":"2023-06-27","opinion_type":"alj","claimant_name":"Lance Carpenter","employer_name":"Crownover Co","title":"CARPENTER VS. CROWNOVER CO. AWCC# H208528 JUNE 27, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CARPENTER_LANCE_H208528_20230627.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CARPENTER_LANCE_H208528_20230627.pdf","text_length":2760,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H208528 \n \nLANCE CARPENTER, EMPLOYEE         CLAIMANT \n \nCROWNOVER CO., EMPLOYER              RESPONDENT  \n \nOWNERS INSURANCE COMPANY/  \nCARRIER/TPA               RESPONDENT \n \nOPINION FILED JUNE 27, 2023 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  in  Mountain  Home, \nBaxter County, Arkansas, on June 21, 2023. \n \nClaimant is Pro Se and did not appear. \n \nRespondents are represented by Mr. Rick Behring, Jr., Attorney-at-Law, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  June  21,  2023,  in Mountain, \nArkansas, on  respondent’s  Motion  to  Dismiss  for failure  to  prosecute  pursuant  to  Ark. \nCode Ann.§ 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaimant contended that he sustained injury to his right shoulder on or about November \n15,  2022.    On  or  about  December  22,  2022,  the  claimant  filed  a  Form  AR-C with  the \nCommission requesting benefits.  In order to prepare for their defense, the respondents \nretained  counsel  and  propounded  Interrogatories  and  Requests  for  Production  of \nDocuments to the claimant on March 8, 2023, and additionally requested authorizations.   \nThe  claimant  has  now  indicated  that  he  no  longer  wishes  to  prosecute  the  claim and \nnotified the respondents by letter that was made part of the record.  Nearly six (6) months \nhave passed since the claimant filed an AR-C, and the claimant has not sought any type \n\nCARPENTER – H208528 \n \n2 \n \nof hearing.  A Motion to Dismiss for failure to prosecute was filed on March 28, 2023, and \nthe claimant failed to respond to the motion.   \nA  hearing  was  set  for  June  21,  2023,  in  regard  to  the  Motion  to  Dismiss.   The \nclaimant failed to appear at the hearing after proper notice.  At the time of the hearing, \nRick  Behring  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 had an opportunity to hear the statements of the respondent’s \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice pursuant to Rule \n099.13 of the Arkansas Workers’ Compensation Act at this time.   \nIT IS SO ORDERED: \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208528 LANCE CARPENTER, EMPLOYEE CLAIMANT CROWNOVER CO., EMPLOYER RESPONDENT OWNERS INSURANCE COMPANY/ CARRIER/TPA RESPONDENT OPINION FILED JUNE 27, 2023 Hearing before Administrative Law Judge James D. Kennedy in Mountain Home, Baxter County, Arkansas, on...","fetched_at":"2026-05-19T23:06:46.632Z","links":{"html":"/opinions/alj-H208528-2023-06-27","pdf":"https://labor.arkansas.gov/wp-content/uploads//CARPENTER_LANCE_H208528_20230627.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}