{"id":"alj-H302075-2024-03-19","awcc_number":"H302075","decision_date":"2024-03-19","opinion_type":"alj","claimant_name":"Michael Ener","employer_name":"Body Shop Truck & Trailer LLC","title":"ENER VS. BODY SHOP TRUCK & TRAILER LLC AWCC# H302075 MARCH 19, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Ener_Michael_H302075_20240319.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Ener_Michael_H302075_20240319.pdf","text_length":4286,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H302075 \n \nMICHAEL ENER, \nEMPLOYEE                                                                                                              CLAIMANT \n \nBODY SHOP TRUCK & TRAILER LLC, \nEMPLOYER                                                                                                         RESPONDENT  \n \nFIRSTCOMP INS. CO., \nCARRIER                                                                                                             RESPONDENT \n \nMARKEL SERVICE, INC., \nTHIRD PARTY ADMINISTRATOR                                                                RESPONDENT \n \n \nOPINION FILED MARCH 19, 2024 \n \nHearing conducted on Friday, March 15,  2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Steven Porch, in Forrest City, \nSt. Francis County, Arkansas. \n \nThe Claimant,  Mr. Michael  Ener,  pro  se,  of Wynne,  Arkansas, did  not appear in  person at  the \nhearing.  \n \nThe Respondents were represented by the Honorable Brandon Cole, Little Rock, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  The Claimant worked for the Respondent/Employer as an alignment helper. He allegedly \ninjured his  right  shoulder on March  2,  2023, while  turning  a  tie  rod  tube  to  align  a  truck. The \nClaimant reported his injury to the Respondent/Employer the same day. The Claimant then filed a \nForm AR-C on March 29, 2023, through his attorney Laura Beth York. However, Laura Beth York \nsubsequently filed a motion to withdraw with the Commission on July 27, 2023. This motion was \ngranted on August 8, 2023. Since the filing of Claimant’s AR-C on March 29, 2023, the Claimant \nhas not requested a full hearing.  \n\nENER, AWCC No. H302075 \n \n2 \n \nThe Respondents filed a Motion to Dismiss on October 12, 2023, requesting this claim be \ndismissed for lack of prosecution. The Claimant was sent notice of the motion to dismiss from the \nCommission  on  November 7,  2023.  The  Claimant  did  not  respond  to  the  motion  in  writing. In \naccordance with applicable Arkansas law, the Claimant was mailed due and proper legal notice of \nboth the respondents’ motion to dismiss and the hearing notice at his current address of record via \nthe  United  States  Postal  Service  (USPS),  First  Class  Certified  Mail,  Return  Receipt  Requested, \nwhich he received on January 29, 2024. The hearing took place on March 15, 2024. The Claimant \ndid not show up to the hearing. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and  other \nrelevant matters  of  record,  including Commission Exhibit  1,  non-medical  records,  consisting  of \nseven pages, I hereby make the following findings: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had notice of the March 15, 2024, hearing. \n \n3. The Claimant has failed to prosecute his claim under AWCC Rule 99.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted.     \n \nDISCUSSION \n Consistent  with both Ark.  Code  Ann. §  11-9-702(a)(4) and  AWCC  Rule 099.13, the \nCommission scheduled and conducted a hearing on the Respondents’ motion to dismiss. I do find \nthat the Respondents have proven by the preponderance of the evidence, introduced at the hearing, \nand contained in the record, that Claimant has not requested a hearing, nor has he taken any action \n\nENER, AWCC No. H302075 \n \n3 \n \nto pursue his claim as of the hearing date. Therefore, I find by the preponderance of the evidence \nthat the Claimant has failed to prosecute his claim under AWCC Rule 99.13.  \n \n     CONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted, and this claim is hereby dismissed without prejudice. \n \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H302075 MICHAEL ENER, EMPLOYEE CLAIMANT BODY SHOP TRUCK & TRAILER LLC, EMPLOYER RESPONDENT FIRSTCOMP INS. CO., CARRIER RESPONDENT MARKEL SERVICE, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED MARCH 19, 2024 Hearing conducted on Friday, March 15, 20...","fetched_at":"2026-05-19T22:56:36.931Z","links":{"html":"/opinions/alj-H302075-2024-03-19","pdf":"https://labor.arkansas.gov/wp-content/uploads/Ener_Michael_H302075_20240319.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}