{"id":"alj-H301823-2024-12-03","awcc_number":"H301823","decision_date":"2024-12-03","opinion_type":"alj","claimant_name":"Nicholas Dooley","employer_name":"Lowes Home Centers, Inc","title":"DOOLEY VS. LOWES HOME CENTERS, INC. AWCC# H301823 & H307126 December 03, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":["hernia"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DOOLEY_NICHOLAS_H301823_H307126_20241203.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DOOLEY_NICHOLAS_H301823_H307126_20241203.pdf","text_length":3325,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H301823 & H307126 \n \nNICHOLAS DOOLEY, EMPLOYEE        CLAIMANT \n \nLOWES HOME CENTERS, INC., \nEMPLOYER                                                                RESPONDENT \n \nSEDGWICK CMS, CARRIER      RESPONDENT \n \nOPINION FILED DECEMBER 3, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Mountain Home, \nArkansas on November 20, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, Dillion Cordel, of Anderson, \nMurphy & Hopkins. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on November 20, 2024, in Mountain \nHome, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The claimant was pro se and failed to appear for the hearing. The Claimant filed an \nAR-C on October 27, 2023, where he alleged, he had sustained a hernia in the course of \nhis employment  on  March  3,  2023, and  the  Respondents  accepted  the  injury  as \ncompensable and paid appropriate benefits. The Claimant then filed a second AR-C on \nOctober 27, 2023, again alleging a hernia and the respondents denied the second hernia \nclaim in its entirety.  \n  The claimant moved for a change of physician from Dr. Jennifer Foster to Robert \nShaw. The change of physician appointment was set for June 11, 2024, reset for June \n18,  2024,  reset  again  for  June  25,  2024,  and  finally  reset  for  July  19,  2024,  all  at  the \n\nNicholas Dooley – H301823 & H307126 \nClaimant’s request, and the Claimant did not appear for any appointment, including the \nfinal  appointment  set  for  July  19,  2024,  and  the Claimant  did  not  call  or provide  an \nexplanation in regard to not appearing. \n The claimant’s attorney filed a Motion to Withdraw, and the Motion was granted. \nNo  action  has  been  taken by  the  claimant to  pursue  this  matter  since  the  filing  of the \nrequest  for  a  change  of  physician, and  no  hearing  request  or  further  action  has  been \ntaken by the claimant in regard to this matter in over six (6) months. A Motion to Dismiss \nwas filed by the respondents in this matter on August 5, 2024. \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was  set  for November 20,  2024,  in Mountain  Home,  Arkansas. The \nclaimant did not file a response and failed to appear on the hearing date. At the time of \nthe hearing, Dillion Cordell appeared on behalf of the Respondents and asked that the \nmatter be dismissed 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, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation 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      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H301823 & H307126 NICHOLAS DOOLEY, EMPLOYEE CLAIMANT LOWES HOME CENTERS, INC., EMPLOYER RESPONDENT SEDGWICK CMS, CARRIER RESPONDENT OPINION FILED DECEMBER 3, 2024 Hearing before Administrative Law Judge James D. Kennedy in Mountain Home, Arkansas on Novembe...","fetched_at":"2026-05-19T22:44:59.699Z","links":{"html":"/opinions/alj-H301823-2024-12-03","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DOOLEY_NICHOLAS_H301823_H307126_20241203.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}