{"id":"alj-H300103-2024-09-17","awcc_number":"H300103","decision_date":"2024-09-17","opinion_type":"alj","claimant_name":"Roy Austin","employer_name":"J. B. Hunt Transport, Inc","title":"AUSTIN VS. J. B. HUNT TRANSPORT, INC. AWCC# H300103 September 17, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":["neck","back","shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/AUSTIN_ROY_H300103_20240917.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"AUSTIN_ROY_H300103_20240917.pdf","text_length":2238,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H300103 \n \nROY AUSTIN, Employee CLAIMANT \n \nJ. B. HUNT TRANSPORT, INC., Employer RESPONDENT \n  \nESIS, INC., Carrier RESPONDENT \n \n OPINION/ORDER FILED SEPTEMBER 17, 2024  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented by LAURA BETH YORK, Attorney, Little Rock, Arkansas; although not \npresent at hearing. \n \nRespondent represented by JOSEPH H. PURVIS, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn January 5, 2023, Laura Beth York, claimant’s attorney, filed a Form AR-C requesting \nvarious compensation benefits in which he alleged injuries to his neck, back, left shoulder, chest, \nwaist,  head  and  other  whole  body;  however,  no  hearing  was  requested. No  further  action  was \ntaken in this claim. \nOn July 16, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for September  10,  2024.  Notice  of \nthat hearing was sent to the claimant by certified mail, return receipt requested on July 30, 2024. \nThat notice was returned by the United States Postal Department with the notation, “Return to \nSender.  Unclaimed.  Unable to Forward.” Ms. York indicated by email of a letter dated July 22, \n2024, that  she  would  waive  her  appearance  at  the  hearing  and  further  indicated  that  she  had  no \nobjection to the Motion to Dismiss “WITHOUT prejudice.”    \n\nAustin – H300103 \n2 \n \n After my review of respondent’s Motion to Dismiss, Ms. York’s response thereto that she \nhad no objection to the motion to dismiss without prejudice, and the claimant’s failure to appear \nat the scheduled hearing, as well as all other matters properly before the Commission, I find that \nrespondent’s  Motion  to  Dismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to A.C.A. \n§11-9-702(a)(4).  This dismissal is without prejudice.     \n IT IS SO ORDERED. \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H300103 ROY AUSTIN, Employee CLAIMANT J. B. HUNT TRANSPORT, INC., Employer RESPONDENT ESIS, INC., Carrier RESPONDENT OPINION/ORDER FILED SEPTEMBER 17, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Fort Smith, Sebastian County, Arkansas. Cla...","fetched_at":"2026-05-19T22:49:13.829Z","links":{"html":"/opinions/alj-H300103-2024-09-17","pdf":"https://labor.arkansas.gov/wp-content/uploads/AUSTIN_ROY_H300103_20240917.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}