{"id":"alj-H208861-2023-11-21","awcc_number":"H208861","decision_date":"2023-11-21","opinion_type":"alj","claimant_name":"Delilar Harris","employer_name":"Custom Craft Poultry, Inc","title":"HARRIS VS. CUSTOM CRAFT POULTRY, INC AWCC# H208861 NOVEMBER 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_DELILAR_H208861_20231121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARRIS_DELILAR_H208861_20231121.pdf","text_length":2641,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO.  H208861 \n \nDELILAR HARRIS, EMPLOYEE           CLAIMANT \n \nCUSTOM CRAFT POULTRY, INC., EMPLOYER          RESPONDENT  \n \nOWNERS INSURANCE COMPANY/  \nCARRIER/TPA               RESPONDENT  \n \nOPINION FILED NOVEMBER 21, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on November 21, 2023. \n \nClaimant is pro se and did not appear. \n \nRespondents are represented by Mr. Zachary F. Ryburn, Attorney-at-Law of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  November  21,  2023,  in  Little \nRock, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation  Act.    The  claimant  contended  that  she  sustained an  injury  to  her  right \nshoulder on or about November 3, 2022, and filed a Form AR-C on December 22, 2022.    \nThe claim was accepted and all appropriate benefits were paid.  On February 8, 2023, \nclaimant was released to full-duty.  An Order was obtained from the Full Commission on \nAugust 25, 2023, that allowed the claimant’s attorney, Mr. B. Tanner Thomas, to withdraw \nfrom this matter.  The claimant has not requested a hearing and no action has been taken \nby the claimant in over six (6) months.  A Motion to Dismiss for failure to prosecute was \nfiled on August 29, 2023, and the claimant failed to respond to the motion.   \n\nHARRIS – H208861 \n \n2 \n \nA hearing was set for November 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, \nMr. Zachary F. Ryburn 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 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 \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 \nArkansas  Code  Annotated  §11-9-702  and Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act at this time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208861 DELILAR HARRIS, EMPLOYEE CLAIMANT CUSTOM CRAFT POULTRY, INC., EMPLOYER RESPONDENT OWNERS INSURANCE COMPANY/ CARRIER/TPA RESPONDENT OPINION FILED NOVEMBER 21, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski Count...","fetched_at":"2026-05-19T23:00:42.297Z","links":{"html":"/opinions/alj-H208861-2023-11-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_DELILAR_H208861_20231121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}