{"id":"alj-H300880-2024-05-08","awcc_number":"H300880","decision_date":"2024-05-08","opinion_type":"alj","claimant_name":"Truyen Chung","employer_name":null,"title":"CHUNG VS. ABB MOTORS & MECHANICALAWCC# H300880May 8, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CHUNG_TRUYEN_H300880_20240508.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CHUNG_TRUYEN_H300880_20240508.pdf","text_length":2382,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H300880 \n \nTRUYEN B. CHUNG,  Employee                                                         CLAIMANT \n \nABB MOTORS & MECHANICAL, Employer                                            RESPONDENT                                                        \n \nGALLAGHER BASSETT SERVICES, Carrier/TPA                                  RESPONDENT                                                                                         \n \n \n OPINION/ORDER FILED MAY 8, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by R. SCOTT ZUERKER,  Attorney, Fort Smith, Arkansas. \n \n \n \n OPINION/ORDER \n  \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n On March 2, 2023, claimant filed Form AR-C alleging an injury on or about June \n8, 2022.  When no action was taken to prosecute the claim, respondent filed a Motion to \nDismiss on September 26, 2023.  In response to that motion, claimant’s attorney at that \ntime, Andy Caldwell, objected to the respondent’s motion and requested a hearing.  A \nhearing  was  scheduled  on  the  claim  for  January  22,  2024,  but  was  canceled  after  Mr. \nCaldwell filed a Motion to Withdraw.  Mr. Caldwell’s Motion to Withdraw was granted by \nOrder filed January 17, 2024.  Since that time, no further action has been taken by the \nclaimant to prosecute his claim and as a result, respondent filed this second motion to \ndismiss on February 14, 2024. \n\nChung – H300880 \n \n2 \n \nA hearing on Respondent’s Motion to Dismiss was scheduled for April 22, 2024. \nNotice of the hearing was sent to claimant by certified mail and was delivered on March \n14,  2024.    Claimant did  not  appear  at  the  hearing  and has  not  responded  to  the \nrespondent’s motion. \n After my review of the respondent’s motion, the claimant’s failure to appear at the \nhearing or respond to the respondent’s motion, I find that respondent’s motion to dismiss \nthis claim should be and hereby is granted.  This dismissal is pursuant to Commission \nRule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300880 TRUYEN B. CHUNG, Employee CLAIMANT ABB MOTORS & MECHANICAL, Employer RESPONDENT GALLAGHER BASSETT SERVICES, Carrier/TPA RESPONDENT OPINION/ORDER FILED MAY 8, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian Co...","fetched_at":"2026-05-19T22:54:01.868Z","links":{"html":"/opinions/alj-H300880-2024-05-08","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CHUNG_TRUYEN_H300880_20240508.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}