{"id":"alj-H300453-2024-26-06","awcc_number":"H300453","decision_date":"2024-26-06","opinion_type":"alj","claimant_name":"Ricky Griggs","employer_name":null,"title":"GRIGGS VS. GEORGE FISHER HARVEL, LLCAWCC# H300453June 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GRIGGS_RICKY_H300453_20242606.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GRIGGS_RICKY_H300453_20242606.pdf","text_length":3193,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H300453 \n \nRICKY GRIGGS, EMPLOYEE        CLAIMANT \n \nGEORGE FISHER HARVEL, LLC, EMPLOYER          RESPONDENT \n \nTRAVELERS INDEMNITY COMPANY, CARRIER/TPA        RESPONDENT \n \n \nOPINION FILED 26 JUNE 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 26 June 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Guy Wade, Friday, Eldridge & Clark, LLP, 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 Little \nRock, Arkansas, on 26 June 2024. This case relates to an alleged workplace injury, \nsustained on or about 28 December 2022.  \n A Form C was filed on behalf of the claimant on 23 January 2023 by Rainwater, Holt \n& Sexton. A First Report of Injury was filed on 24 January 2023 and a Form 2 was filed the \nsame day, accepting the claim as medical-only. A Form 4 noting the closing of payments \nmade on the claimant’s behalf was filed by the respondents on 6 September 2023. \n On 8 March 2024, the claimant’s attorney requested to withdraw as counsel. By way \nof an Order dated 10 April 2024, the Full Commission granted the motion to withdraw. \nThen, on 17 April 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim. See Exhibit No 1.  \nA letter from the Commission to the claimant communicating that motion was dated \n23 April 2024 and another letter setting a hearing on the motion was dated 15 May2024. \n\nR. GRIGGS- H300453 \n2 \n \nThe Commission’s file is absent any responsive correspondence from the claimant. I noted \nat the hearing that mailings from the Commission to claimants are sent via both First \nClass and Certified Mail with return receipts requested. Returned mail is regularly \nappended to the Commission’s file. This claim file includes only a return of the 23 April \n2024 letters providing notice of the respondents’ motion.  \nThe respondents appeared on 26 June 2024, presented their motion, and offered \nsupporting evidence into the record. Before going on the record, the respondents’ counsel \nsurveyed the Commission’s waiting area, and the claimant was not present. As argued by \nthe respondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of their motion. And the claimant did not appear at the \nhearing to resist the dismissal of this claim. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \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 H300453 RICKY GRIGGS, EMPLOYEE CLAIMANT GEORGE FISHER HARVEL, LLC, EMPLOYER RESPONDENT TRAVELERS INDEMNITY COMPANY, CARRIER/TPA RESPONDENT OPINION FILED 26 JUNE 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge J...","fetched_at":"2026-05-19T22:53:19.803Z","links":{"html":"/opinions/alj-H300453-2024-26-06","pdf":"https://labor.arkansas.gov/wp-content/uploads/GRIGGS_RICKY_H300453_20242606.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}