{"id":"alj-H301025-2023-10-24","awcc_number":"H301025","decision_date":"2023-10-24","opinion_type":"alj","claimant_name":"Daniel See","employer_name":null,"title":"SEE VS.SAINT JEAN INDUSTRIES INC. AWCC# H301025 OCTOBER 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SEE_DANIEL_H301025_20231024.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SEE_DANIEL_H301025_20231024.pdf","text_length":3019,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H301025 \n \nDANIEL SEE, EMPLOYEE            CLAIMANT \n \nSAINT JEAN INDUSTRIES INC., EMPLOYER           RESPONDENT \n \nAMERISURE MUTUAL, CARRIER/TPA            RESPONDENT \n            \nOPINION FILED OCTOBER 24, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Ms. Karen H. McKinney, Attorney-\nat-Law of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on October 24, 2023, in Little Rock, \nArkansas,  on  respondents’  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to  Ark. \nCode Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaimant was pro se and failed to appear for the hearing.  The  claimant had alleged he \nhad  sustained  an  injury  of  right-hand  numbness  that  was  related  to  his  work  on \nSeptember 23, 2022.     Respondents  filed  a  First  Report  of Injury and later  filed an \nAR-  2  on  or  about  February  15,  2023,  denying  the  claim.  The  claimant  contacted  the \nLegal Advisor Division of the Arkansas Workers’ Compensation Commission on February \n17, 2023, and requested a hearing for additional benefits.  Respondents then propounded \nwritten discovery to the claimant on March 9, 2023, and the claimant has failed to file a \nresponse to the discovery as of the date of the hearing.  A Prehearing Questionnaire was \nsent  to  the  parties  on  March  31,  2023,  and  the  respondents  filed  a  response,  but  the \n\nSEE – H301025 \n \n2 \n \nclaimant failed to file a response to the questionnaire.  The claimant has failed to take any \naction since requesting a hearing back on February 17, 2023.  A Motion to Dismiss was \nfiled by the respondents in this matter on August 22, 2023.  \nAppropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for October 24, 2023, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nKaren H. McKinney appeared on behalf of the respondents and asked that the matter be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent,  I  find  that  this  matter  should  be  dismissed  without  prejudice,  for failure  to \nprosecute  pursuant  to  Ark.  Code  Ann.  §  11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H301025 DANIEL SEE, EMPLOYEE CLAIMANT SAINT JEAN INDUSTRIES INC., EMPLOYER RESPONDENT AMERISURE MUTUAL, CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 24, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas. ...","fetched_at":"2026-05-19T23:01:57.755Z","links":{"html":"/opinions/alj-H301025-2023-10-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/SEE_DANIEL_H301025_20231024.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}