{"id":"alj-H301055-2024-07-19","awcc_number":"H301055","decision_date":"2024-07-19","opinion_type":"alj","claimant_name":"Brodrick Tolliver","employer_name":null,"title":"TOLLIVER VS. LENNOX INDUSTRIES, INC.AWCC# H301055July 19, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/TOLLIVER_BRODRICK_H301055_20240719.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TOLLIVER_BRODRICK_H301055_20240719.pdf","text_length":2670,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H301055 \n \nBRODERICK TOLLIVER, EMPLOYEE      CLAIMANT \n \nLENNOX INDUSTRIES, INC., EMPLOYER           RESPONDENT \n \nINDEMNITY INS. CO. OF N. AMERICA (P.A.)/ \nCORVEL HEALTHCARE CORP., CARRIER/TPA              RESPONDENT \n  \n \n \nOPINION FILED 19 JULY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 18 July 2024 in Helena-West Helena, Arkansas. \n \nThe pro se claimant did not appear. \n \nNewkirk & Jones, Mr. Eric Newkirk, 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 Helena-\nWest Helena, Arkansas, on 18 July 2024. This case relates to an alleged workplace injury, \nsustained on or about 26 January 2023. A Form AR-C was filed on the claimant’s behalf on \n16 February 2023, and a Form AR-2 was filed by the respondents on 7 March 2023 \naccepting a claim for back and chest injuries. \n On 6 May 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim. See Exhibit No 1. Letters providing notice of that motion and notice of \nthe hearing were sent to the claimant, consistent with the Commission’s practice. I noted at \nthe hearing that mailings from the Commission to claimants are sent via both First Class \nand Certified Mail with return receipts requested. Returned mail is regularly appended to \nthe Commission’s file. The Commission’s file does not include any responsive \ncorrespondence from the claimant, nor does it include any returned mailings. \n\nTOLLIVER- H301055 \n2 \n \nThe respondents appeared on 18 July 2024, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of their \nmotion. And the claimant did not appear at the hearing 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 H301055 BRODERICK TOLLIVER, EMPLOYEE CLAIMANT LENNOX INDUSTRIES, INC., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF N. AMERICA (P.A.)/ CORVEL HEALTHCARE CORP., CARRIER/TPA RESPONDENT OPINION FILED 19 JULY 2024 Heard before Arkansas Workers’ Compensation Com...","fetched_at":"2026-05-19T22:51:45.548Z","links":{"html":"/opinions/alj-H301055-2024-07-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/TOLLIVER_BRODRICK_H301055_20240719.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}