{"id":"alj-H300811-2024-02-01","awcc_number":"H300811","decision_date":"2024-02-01","opinion_type":"alj","claimant_name":"David Wiser","employer_name":"City Of Pea Ridge","title":"WISER VS. CITY OF PEA RIDGE AWCC# H300811 FEBRUARY 1, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WISER_DAVID_H300811_20240201.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WISER_DAVID_H300811_20240201.pdf","text_length":2209,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H300811 \n \nDAVID A. WISER, EMPLOYEE   CLAIMANT \n \nCITY OF PEA RIDGE, EMPLOYER RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE/INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED FEBRUARY 1, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington \nCounty, Arkansas. \n \nClaimant is not represented and did not appear at the hearing. \n \nRespondents are represented by MARK K. EDWARDS, Attorney, Little Rock, Arkansas \n \nOPINION/ORDER \n \n On  May  1,  2023,  claimant  filed  Form  AR-C,  alleging  a  compensable  injury  on  January  23, \n2023.   Claimant was represented at the time by Matthew J. Ketcham, who filed a Motion to Withdraw \non August 23, 2023 and was allowed to withdraw on September 6, 2023.  No other attorney entered \nan appearance on claimant’s behalf.   \nOn December 7, 2023, respondent filed a Motion to Dismiss, alleging that it had been more \nthan six months since claimant filed his Form AR-C with the Commission, but he had not made a \nrequest for a hearing in that time. A hearing on  respondent’s Motion to Dismiss was scheduled for \nJanuary 18, 2024.  Notice of the scheduled hearing was sent to claimant by certified mail at the last \nknown address in the Commission’s file.  The notice was returned unclaimed on January  9,  2024.   \nClaimant did not respond to Respondent’s motion and did  not  appear  in  person  at  the  hearing  on \nJanuary 18, 2024.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nWiser-H300811 \n \n2 \n \nhearing has been made in this file.  After my review of the respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the respondent’s motion, as well as all other matters \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300811 DAVID A. WISER, EMPLOYEE CLAIMANT CITY OF PEA RIDGE, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE/INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED FEBRUARY 1, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington Co...","fetched_at":"2026-05-19T22:57:08.239Z","links":{"html":"/opinions/alj-H300811-2024-02-01","pdf":"https://labor.arkansas.gov/wp-content/uploads/WISER_DAVID_H300811_20240201.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}