{"id":"alj-H208973-2026-01-13","awcc_number":"H208973","decision_date":"2026-01-13","opinion_type":"alj","claimant_name":"Shawn Lockhart","employer_name":"Express Services, Inc","title":"LOCKHART VS. EXPRESS SERVICES, INC. AWCC# H208973 January 13, 2026","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":["back","sprain"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/LOCKHART_SHAWN_H208973_20260113.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LOCKHART_SHAWN_H208973_20260113.pdf","text_length":4127,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H208973 \n \nSHAWN LOCKHART, EMPLOYEE        CLAIMANT \n \nEXPRESS SERVICES, INC., EMPLOYER                             RESPONDENT \n \nAIU INSURANCE CO./ SEDGWICK CLAIMS \nMANAGEMENT SERVICES, INC., CARRIER/TPA               RESPONDENT \n \n \nOPINION FILED 13 JANUARY 2026 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 11 December 2025 in Pine Bluff, Arkansas. \n \nThe pro se claimant failed to appear. \n \nWorley, Wood & Parrish, P.A., Ms. Melissa Wood, 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 Pine \nBluff, Arkansas, on 11 December 2025. This case relates to an alleged workplace injury \noccurring on 15 December 2022. The record from the hearing consists of the transcript; \nRespondents’ Exhibit No 1, which consisted of an index page and eight pages of documents \nand pleadings in support of their motion; and Commission’s Exhibit No 1, three pages that \nincluded a Form AR-C filed by the claimant and two Postal Service delivery receipts from \nCommission correspondence with the claimant.  \nThe record showed that on 27 December 2022, the respondents filed a First Report of \nInjury indicating a low back sprain. They subsequently filed a Form AR-2 indicating that \nthey had accepted the claim and anticipated paying benefits. A Form AR-4 filed on 23 \nSeptember 2024 showed that medical and other expenses had been paid on the claim. Then, \non 14 April 2025, the claimant filed a Form AR-C, apparently seeking initial medical and \nindemnity benefits. \n\nS. LOCKHART- H208973 \n2 \n \nThe respondents later requested that this claim be dismissed under Commission \nRule 11 C.A.R. § 25-110(d) and/or Ark. Code Ann. § 11-9-702. They noted that in the six \nmonths preceding their motion, the claimant had not requested a hearing on an issue ripe \nfor litigation.  \n Notice of the respondents’ motion was sent to the claimant, consistent with \nCommission practices, via First Class Mail and Certified Mail. Notice of a hearing on the \nrespondents’ motion was sent in the same manner. The record does not reflect any \nresponsive correspondence from the claimant; and he did not attend the hearing to object to \nthe dismissal of this claim. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on the motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute his \nclaim under 11 C.A.R. § 25-110(d). \n \n4. The Motion to Dismiss is hereby granted; this claim is dismissed without \nprejudice under 11 C.A.R. § 25-110(d). \n \nDISCUSSION \nThe respondents appeared on 11 December 2025 and presented their motion. As \nargued by the respondents at the hearing, 11 C.A.R. § 25-110(d) provides for a dismissal for \nfailure to prosecute an action upon application by either party and reasonable notice. As \nnoted above, notice of the respondents’ motion and notice of the scheduling of the hearing \nwas provided to the claimant. \n\nS. LOCKHART- H208973 \n3 \n \nThe file reflects no action in this matter by the claimant since he filed his Form AR-\nC on 14 April 2025. Similarly, no objection was filed to the respondents’ motion to dismiss \nthis claim. Further, the claimant did not appear at the hearing to object to the dismissal of \nhis claim. Lastly, the record does not reflect a request for a hearing ever being filed in this \nclaim. \nThe claimant has taken no action on her claim since the filing of his Form AR-C. \nBased on the evidence presented, a dismissal without prejudice is appropriate.  \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H208973 SHAWN LOCKHART, EMPLOYEE CLAIMANT EXPRESS SERVICES, INC., EMPLOYER RESPONDENT AIU INSURANCE CO./ SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., CARRIER/TPA RESPONDENT OPINION FILED 13 JANUARY 2026 Heard before Arkansas Workers’ Compensation Commissio...","fetched_at":"2026-05-19T22:32:44.798Z","links":{"html":"/opinions/alj-H208973-2026-01-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/LOCKHART_SHAWN_H208973_20260113.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}