{"id":"alj-H302098-2024-03-13","awcc_number":"H302098","decision_date":"2024-03-13","opinion_type":"alj","claimant_name":"Roger Canard","employer_name":"Bray Fast Freight, LLC","title":"CANARD VS. BRAY FAST FREIGHT, LLC AWCC# H302098 MARCH 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["neck","back","knee","ankle","shoulder","hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/CANARD_ROGER_H302098_20240313.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CANARD_ROGER_H302098_20240313.pdf","text_length":3217,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H302098 \n \nROGER CANARD, EMPLOYEE         CLAIMANT \n \nBRAY FAST FREIGHT, LLC, EMPLOYER           RESPONDENT \n \nARKANSAS TRUCKING ASSOCIATION SI FUND, \nCANNON COCHRAN MANAGEMENT SERVICES,  \nCARRIER/TPA               RESPONDENT \n            \nOPINION FILED MARCH 13, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on March 5, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents  are  represented  by Mr. Guy  Alton  Wade,  Attorney-at-Law  of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on March 5, 2024, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode  Annotated  §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 had filed \na Form AR-C on May 24, 2023, contending that he had injured his head, neck, back, left \nknee, left ankle, left shoulder, chest cavity, right hip, and other whole body.   The First \nReport of Injury in regard to this claim was filed on May 30, 2023, and it provided that the \nclaimant was  in  the  sleeper  bunk  of  a  truck  when  the  co-driver  had  an  accident.   The \nForm AR- 2 which had been previously filed on April 4, 2023, provided that the claim was \naccepted as compensable and all appropriate medical and indemnity benefits were being \npaid.   \n\nThe claimant was originally represented by Laura Beth York who was allowed to \nwithdraw by an Order from the Full Commission dated October 24, 2023, after she had \nmade numerous attempts to get in touch with the claimant.   A Motion to Dismiss by letter \nwas  filed  on or  about December 15,  2023,  requesting  that  the matter  be dismissed for \nfailure to prosecute.  The claimant has not requested a hearing to date and more than six \n(6)  months have passed since the filing of the original claim nor is there any record of \nhim contacting the Commission after the date his attorney was allowed to withdraw.   \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for March 5, 2024, in Little Rock, Arkansas.  The claimant did \nnot file a response and failed to appear on the hearing date.  At the time of the hearing, \nGuy  Alton Wade appeared  on behalf  of  the respondents and asked  that  the matter be \ndismissed 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 IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302098 ROGER CANARD, EMPLOYEE CLAIMANT BRAY FAST FREIGHT, LLC, EMPLOYER RESPONDENT ARKANSAS TRUCKING ASSOCIATION SI FUND, CANNON COCHRAN MANAGEMENT SERVICES, CARRIER/TPA RESPONDENT OPINION FILED MARCH 13, 2024 Hearing before Administrative Law Judge James ...","fetched_at":"2026-05-19T22:56:18.128Z","links":{"html":"/opinions/alj-H302098-2024-03-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/CANARD_ROGER_H302098_20240313.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}