{"id":"alj-H302018-2024-08-22","awcc_number":"H302018","decision_date":"2024-08-22","opinion_type":"alj","claimant_name":"Vincent Williams","employer_name":"Highland Dairy Foods Co., LLC","title":"WILLIAMS VS. HIGHLAND DAIRY FOODS CO., LLC AWCC# H302018 August 22, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_VINCENT_H302018_20240822.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILLIAMS_VINCENT_H302018_20240822.pdf","text_length":5918,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H302018 \n \nVINCENT WILLIAMS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nHIGHLAND DAIRY FOODS CO., LLC, \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nINDEMNITY INS. CO. OF NORTH AMERICA/ \nCCMSI \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED AUGUST 22, 2024 \n \nHearing conducted on Wednesday, August 21, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe  claimant,  Mr. Vincent  Williams,  pro  se,  of Little  Rock,  Pulaski County,  Arkansas,  failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Eric Newkirk, Newkirk & Jones, Little Rock, \nPulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing was  conducted  on Wednesday,  August 21, 2024, to  determine  whether this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2024 Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n The respondents filed a motion to dismiss without prejudice and brief in support thereof \n(MTD) with  the  Commission on June 24,  2024, requesting this  claim be  dismissed without \nprejudice for  lack  of  prosecution. Consistent  with  the  applicable  Arkansas  law the Commission \nmailed a copy of both the respondents’ MTD, and the subject hearing notice via the United States \nPostal  Service  (USPS),  Certified  Mail,  Return  Receipt  Requested, to the claimant’s last  known \n\nVincent Williams, AWCC No. H302018 \n \n2 \n \naddress of record with the Commission which the claimant received on July 2, 2024. (Commission \nExhibits 1 and 2; Respondents’ Exhibit 1). Thereafter, the claimant failed and/or refused to respond \nin any way to either the Commission or to the respondents; and he failed and/or refused to appear \nat the subject hearing. The claimant never objected in any way to the respondents’ MTD. \n          It should be noted the claimant was represented by counsel, Mark Alan Peoples, at the time \nthis claim was filed  on  his  behalf;  however,  by order  filed November  13,  2024, the  Full \nCommission granted Attorney Peoples’s motion to withdraw. (RX1 at 24).  \n          I hereby incorporate the facts stated in the respondents’ MTD filed June 24, 2024, as though \nthey were set forth word-for-word herein. (RX1 at 1-8).  \n          The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement), as well as \nour court of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d  287  (Ark.  App.  2004),  the Commission  scheduled  and  conducted  a  hearing  on the \nrespondents’ MTD. Rather  than  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \ndemonstrates the claimant has both failed and/or refused to prosecute this claim, and he has failed \nand/or refused to request a hearing within the last six (6) months on his claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \n \n \n\nVincent Williams, AWCC No. H302018 \n \n3 \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of the respondents’ MTD \n                  filed June 24, 2024, to the claimant’s last known address of record with the \n                  Commission, the claimant failed and/or refused to respond to the motion in any \n                  way; failed and/or refused to object to the subject MTD; and failed and/or refused \n                  to request a hearing on his subject claim. \n \n            3.         The claimant failed and/or refused to appear at the subject hearing and, therefore, \n                        has waived his right to a hearing on the respondents’ subject MTD. \n \n      4.         The claimant has failed to request a hearing on this claim within the last six (6) \n                   months.  \n \n 5. The respondents’ MTD without prejudice filed with the Commission on June 24, \n                  2024, should be and hereby is GRANTED. \n      \n      6.          Therefore, this claim hereby is dismissed without prejudice subject to the applicable \n                 deadline(s) prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n                 Rule 099.13. \n \n This opinion shall not be construed to prohibit the claimant, his attorney, any attorney he \nmay retain in the future, or anyone acting legally and on his behalf from refiling this claim if it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n The  respondents shall pay  the  court reporter’s invoice within twenty  (20) days  of their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                  Administrative Law Judge \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302018 VINCENT WILLIAMS, EMPLOYEE CLAIMANT HIGHLAND DAIRY FOODS CO., LLC, EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA/ CCMSI INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED AUGUST 22, 2024 Hearing conducted on Wednes...","fetched_at":"2026-05-19T22:50:30.049Z","links":{"html":"/opinions/alj-H302018-2024-08-22","pdf":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_VINCENT_H302018_20240822.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}