{"id":"alj-H301329-2025-08-11","awcc_number":"H301329","decision_date":"2025-08-11","opinion_type":"alj","claimant_name":"Patrick Burton","employer_name":"Russellville Hauling","title":"BURTON VS. RUSSELLVILLE HAULING AWCC# H301329 August 11, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BURTON_PATRICK_H301329_20250811.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BURTON_PATRICK_H301329_20250811.pdf","text_length":2552,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H301329  \n \nPATRICK BURTON, Employee CLAIMANT \n \nRUSSELLVILLE HAULING, Employer RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA, Carrier RESPONDENT \n \n \n \n OPINION FILED AUGUST 11, 2025 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE GREGORY   K.   STEWART in \nRussellville, Pope County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by MELISSA WOOD, Attorney at Law, Little Rock, Arkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n On  October  25,  2023,  Form  AR-C  was  filed  by  attorney  Laura  Beth  York  on \nclaimant’s behalf alleging a compensable injury on January 11, 2023. On March 20, \n2024,  the  Full  Commission  entered  an  order  granting attorney  York’s  Motion  to \nWithdraw as Counsel. Respondent subsequently filed a Motion to Dismiss on April 29, \n2024.  \n Before the Motion to Dismiss could be addressed, attorney Eddie Walker filed a \nnew  AR-C on June 26, 2024, regarding claimant’s alleged work injury of January 11, \n2023. A prehearing conference was conducted and a hearing scheduled for September \n26, 2024. The hearing was continued at the parties’ request for the purpose of obtaining \n\nBurton – H301329 \n \n-2- \nadditional  evidence.  When  no  further  hearing  was  requested,  respondent  filed  its \nsecond Motion to Dismiss on February 18, 2025. \n Thereafter,  on  April  2,  2025,  Attorney  Walker  filed  a  Motion  to  Withdraw.  This \nmotion  was  granted  on  May  7,  2025,  and  on  that  same  date  respondent  filed  its  third \nMotion to Dismiss.  \n A hearing on respondent’s Motion to Dismiss was scheduled for July 31, 2025, \nand  notice of the  hearing  was  sent  to  claimant  by  certified mail and  delivered on  June \n10,   2025.   Claimant   did   not   appear   at   the   hearing   and   has   not   responded   to \nrespondent’s motion. \n Pursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule \n099.13), the Commission may enter an order dismissing a claim for want of prosecution.  \nAfter my review of the Respondent’s Motion, the Claimant’s failure to respond thereto, \nand all other matters properly before the Commission, I find that Claimant has failed to \nprosecute this claim. Therefore, this claim is dismissed without prejudice.  \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H301329 PATRICK BURTON, Employee CLAIMANT RUSSELLVILLE HAULING, Employer RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA, Carrier RESPONDENT OPINION FILED AUGUST 11, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Russellville, Pope County, ...","fetched_at":"2026-05-19T22:37:14.467Z","links":{"html":"/opinions/alj-H301329-2025-08-11","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BURTON_PATRICK_H301329_20250811.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}