{"id":"alj-H302331-2025-05-20","awcc_number":"H302331","decision_date":"2025-05-20","opinion_type":"alj","claimant_name":"Pagan Lopez","employer_name":"Cargill, Inc","title":"LOPEZ PAGAN VS. CARGILL, INC. AWCC# H302331 May 20, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1","denied:1"],"injury_keywords":["hip"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/LOPEZ_PAGAN_VIMARIE_H302331_20250520.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LOPEZ_PAGAN_VIMARIE_H302331_20250520.pdf","text_length":2106,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H302331 \n \nVIMARIE LOPEZ PAGAN, Employee CLAIMANT \n \nCARGILL, INC., Employer RESPONDENT \n  \nSEDGWICK CMS, INC., Carrier RESPONDENT \n \n OPINION/ORDER FILED MAY 20, 2025  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Springdale, \nWashington County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS Attorney, Fayetteville, Arkansas. \n \nRespondent represented by R. SCOTT ZUERKER Attorney, Fort Smith, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn December 8, 2023, Evelyn Brooks, claimant’s attorney, filed a Form AR-C requesting \nvarious compensation benefits in which she alleged injuries to her left hip on or about September \n1,  2022. The  claim  was  denied  in  its  entirety. No hearing  was  requested  at  that  time  and  no \nfurther action was taken in this claim. \nOn January 31, 2025, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for May 13, 2025. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on March  14,  2025. \nThat notice was returned by the United States Postal Department with the notation, “Return to \nSender.  Refused.  Unable to Forward.” \nMs. Brooks indicated that she has been trying to contact the claimant by telephone and by \nmail for several months with no success. \n\nLopez Pagan – H302331 \n2 \n \n After  my  review  of  respondent’s  Motion  to  Dismiss, Ms.  Brooks’ lack  of  ability  to \ncontact the claimant, and the claimant’s failure to appear at the scheduled hearing, as well as all \nother  matters  properly  before  the  Commission,  I  find  that  respondent’s  Motion  to  Dismiss  this \nclaim  should  be  and  hereby  is  granted  pursuant  to A.C.A.  §11-9-702(a)(4).   This  dismissal  is \nwithout prejudice.     \n IT IS SO ORDERED. \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H302331 VIMARIE LOPEZ PAGAN, Employee CLAIMANT CARGILL, INC., Employer RESPONDENT SEDGWICK CMS, INC., Carrier RESPONDENT OPINION/ORDER FILED MAY 20, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Springdale, Washington County, Arkansas. Clai...","fetched_at":"2026-05-19T22:41:00.856Z","links":{"html":"/opinions/alj-H302331-2025-05-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/LOPEZ_PAGAN_VIMARIE_H302331_20250520.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}