{"id":"alj-H302222-2024-05-21","awcc_number":"H302222","decision_date":"2024-05-21","opinion_type":"alj","claimant_name":"John Jaramillo","employer_name":"Ghan & Cooper Construction","title":"JARAMILLO VS. GHAN & COOPER CONSTRUCTION AWCC# H302222 MAY 21, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JARAMILLO_JOHN_H302222_20240521.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JARAMILLO_JOHN_H302222_20240521.pdf","text_length":2719,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H302222 \n \nJOHN JARAMILLO, Employee      CLAIMANT \n \nGHAN & COOPER CONSTRUCTION, Employer   RESPONDENT \n \nTRAVELERS INDEMNITY CO., Carrier/TPA     RESPONDENT \n \n \n OPINION FILED MAY 21, 2024  \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 GUY ALTON WADE, 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 April 10, 2023, the claimant filed an AR-C requesting various compensation benefits \nin  which he alleged injuries  to  his bilateral  knees on  or  about March  20,  2023. The  claim  was \ndenied in its entirety.  \nThe claimant retained the services of Michael L. Ellig, and a deposition was scheduled at \nMr. Ellig’s office;  however,  the  claimant  did  not  appear,  nor  has  he  made  contact  with  his \nattorney  since  that  time. Mr. Ellig entered  a  Motion  to  Withdraw  as  Counsel.  The  Commission \ngranted the motion on September 26, 2023. No further action was taken in this claim. \n On January 3, 2024, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for April 25, 2024. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on March  4,  2024. \n\nJaramillo – H302222 \n \n-2- \nUnited States Postal Department records indicate that claimant received and signed for the notice \non March 11, 2024. Despite having received notice of the scheduled hearing, the claimant failed \nto appear at the hearing and has failed to respond to the motion in any form or manner. \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. H302222 JOHN JARAMILLO, Employee CLAIMANT GHAN & COOPER CONSTRUCTION, Employer RESPONDENT TRAVELERS INDEMNITY CO., Carrier/TPA RESPONDENT OPINION FILED MAY 21, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, A...","fetched_at":"2026-05-19T22:54:32.891Z","links":{"html":"/opinions/alj-H302222-2024-05-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JARAMILLO_JOHN_H302222_20240521.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}