{"id":"alj-H302588-2024-11-05","awcc_number":"H302588","decision_date":"2024-11-05","opinion_type":"alj","claimant_name":"Mikael Green","employer_name":"Nichols Loading, Inc","title":"GREEN VS. NICHOLS LOADING, INC. AWCC# H302588 November 05, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GREEN_MIKAEL_H302588_20241105.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GREEN_MIKAEL_H302588_20241105.pdf","text_length":3149,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H302588 \n \nMIKAEL GREEN, Employee      CLAIMANT \n \nNICHOLS LOADING, INC., Employer     RESPONDENT \n \nMISSOURI EMPLOYERS MUTUAL INS., Carrier/TPA   RESPONDENT \n \n \n OPINION FILED NOVEMBER 5, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant represented by JACQUELINE MOCK, Attorney at Law, Fort Smith, Arkansas.  \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 May 25,  2023,  the  claimant’s  attorney, Mark  Peoples,  filed  an  AR-C  requesting \nvarious compensation benefits in which he alleged a left ring finger amputation on or about April \n11, 2023. The claim was accepted as compensable, and all related benefits were paid.  \nOn  August  29,  2023,  the  claimant  emailed  the  Commission  requesting  Mr.  Peoples  be \nremoved  as  his  attorney,  and  on  August  30,  2023,  that  request  was  granted.  The  claimant \nretained the services of Jacqueline Mock, and no further action was taken regarding this claim. \n On June 18, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was scheduled for October 10, 2024. Notice of that \nhearing was sent to the claimant by certified mail, return receipt requested on September 4, 2024. \nUnited States Postal Department records indicate that claimant received and signed for the notice \n\nGreen – H302588 \n \n-2- \non September 11, 2024. Due to a scheduling conflict the hearing was rescheduled to October 17, \n2024,  and  notice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt \nrequested on October 4, 2024. United States Postal Department records indicate that on October \n10,  2024,  delivery  was  attempted  but  no  authorized  recipient  was  available. Claimant  did  not \nappear at the scheduled hearing.  Claimant’s attorney did appear at the hearing and set forth that \nshe had no objection to the dismissal of the claimant’s claim as all appropriate benefits had been \npaid. \n After  my  review  of the respondents’  Motion  to  Dismiss,  the  claimant’s attorney’s \nagreement  to  the  dismissal,  and  all  other  matters  properly  before  the  Commission,  I  find  that \nrespondents’  Motion  to  Dismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to \nCommission Rule 099.13. This dismissal 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       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H302588 MIKAEL GREEN, Employee CLAIMANT NICHOLS LOADING, INC., Employer RESPONDENT MISSOURI EMPLOYERS MUTUAL INS., Carrier/TPA RESPONDENT OPINION FILED NOVEMBER 5, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian Count...","fetched_at":"2026-05-19T22:46:11.127Z","links":{"html":"/opinions/alj-H302588-2024-11-05","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GREEN_MIKAEL_H302588_20241105.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}