{"id":"alj-H300002-2023-09-07","awcc_number":"H300002","decision_date":"2023-09-07","opinion_type":"alj","claimant_name":"Christopher Edmond","employer_name":null,"title":"EDMOND VS.TYSON POULTRY, INC. AWCC# H300002 SEPTEMBER 7, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:3"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/EDMOND_CHRISTOPHER_H300002_20230907.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"EDMOND_CHRISTOPHER_H300002_20230907.pdf","text_length":2553,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H300002 \n \nCHRISTOPHER EDMOND, EMPLOYEE        CLAIMANT \n \nTYSON POULTRY, INC. EMPLOYER                 RESPONDENT  \n \nTYSON POULTRY/TYNET CORP., CARRIER/TPA                    RESPONDENTS \n \n \nOPINION FILED 7 SEPTEMBER 2023 \n \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on 6 September 2023. \n \nClaimant Christopher Edmond, pro se, failed to appear. \n \nMr.  Jeremy  Swearingen,  Attorney-at-Law,  of  Little  Rock,  Arkansas,  appeared  on \nbehalf of the respondents. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above-styled matter on 6 September 2023, in Little Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated § 11-9-702 and/or Rule 099.13 of the Arkansas Workers’ Compensation Act.  \nThe claim involves an alleged workplace injury occurring on or about 23 November 2022. A \nForm AR-C was filed on the claimant’s behalf by Laura Beth York of Rainwater Holt & Sexton \non 28 December 2022. The respondents filed their Form AR-2 on 2 January 2023, accepting \na compensable medical-only back injury claim. \n On  21  April  2023  Ms.  York  requested  that  she  be  allowed  to  withdraw  her \nrepresentation of the claimant.  By way of an Order dated 2 May 2023, the Full Commission \ngranted  that  request.    The  respondents  moved  for  dismissal  for  want  of  prosecution  on 29 \nJune  2023,  stating  that  no  benefits  were  in  dispute  and  that  the  claimant  had  made  no \n\nEdmond- H300002 \n2 \n \nrequest  for  a  hearing  on  that  or  any  other  issue.  The  Commission  provided  notice  of  that \nmotion and an opportunity to respond to the claimant by way of a 12 July 2023 letter. \nThe claimant did not respond to the respondents’ motion or the Commission’s letter \nto lodge an objection to the dismissal, and he failed to appear before the Commission for the \nhearing scheduled on the respondents’ motion. \n Based on the record, argument by counsel, and evidence before me, I am compelled to \nfind that the Motion to Dismiss should be granted due to the claimant’s lack of prosecution \nand 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 at this time.   \nSO ORDERED. \n \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300002 CHRISTOPHER EDMOND, EMPLOYEE CLAIMANT TYSON POULTRY, INC. EMPLOYER RESPONDENT TYSON POULTRY/TYNET CORP., CARRIER/TPA RESPONDENTS OPINION FILED 7 SEPTEMBER 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, Arkans...","fetched_at":"2026-05-19T23:02:33.406Z","links":{"html":"/opinions/alj-H300002-2023-09-07","pdf":"https://labor.arkansas.gov/wp-content/uploads/EDMOND_CHRISTOPHER_H300002_20230907.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}