{"id":"alj-H301904-2023-11-21","awcc_number":"H301904","decision_date":"2023-11-21","opinion_type":"alj","claimant_name":"Jace Gentry","employer_name":"Emery Sapp & Sons","title":"GENTRY VS. EMERY SAPP & SONS AWCC# H301904 NOVEMBER 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GENTRY_JACE_H301904_20231121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GENTRY_JACE_H301904_20231121.pdf","text_length":2469,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H301904 \n \nJACE GENTRY, Employee       CLAIMANT \n \nEMERY SAPP & SONS, Employer     RESPONDENT \n \nGALLAGHER BASSETT SERVICES, INC., Carrier/TPA   RESPONDENT \n \n \n OPINION FILED NOVEMBER 21, 2023  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by LEE MULDROW, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn March 22, 2023, the claimant filed an AR-C requesting various compensation benefits \nin  which  he  alleged  a  heat-related  cardiac  injury  on  or  about  March  6,  2023.  The  claim  was \ndenied  in  its  entirety.  There  has  been  no  request  for  a  hearing  or  additional  activity  by  the \nclaimant since the filing of the Form AR-C. \n On July 20, 2023, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was scheduled for October 24, 2023. Notice of that \nhearing was sent to the claimant by certified mail, return receipt requested on September 6, 2023. \nUnited States Postal Department records indicate that claimant received and signed for the notice \non  September  8,  2023.  Despite  having  received  notice  of  the  scheduled  hearing,  the  claimant \nfailed to appear at the hearing and has failed to respond to the motion in any form or manner. \n\nGentry – H301904 \n \n-2- \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H301904 JACE GENTRY, Employee CLAIMANT EMERY SAPP & SONS, Employer RESPONDENT GALLAGHER BASSETT SERVICES, INC., Carrier/TPA RESPONDENT OPINION FILED NOVEMBER 21, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County,...","fetched_at":"2026-05-19T23:00:40.227Z","links":{"html":"/opinions/alj-H301904-2023-11-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/GENTRY_JACE_H301904_20231121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}