{"id":"alj-H302634-2024-01-10","awcc_number":"H302634","decision_date":"2024-01-10","opinion_type":"alj","claimant_name":"James Martin","employer_name":"Pernod Ricard USA LLC","title":"MARTIN VS. PERNOD RICARD USA LLC AWCC# H302634 JANUARY 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MARTIN_JAMES_H302634_20240110.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MARTIN_JAMES_H302634_20240110.pdf","text_length":2012,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H302634 \n \n \nJAMES MARTIN (DEC’D.), Employee                                                            CLAIMANT                         \n \nPERNOD RICARD USA LLC, Employer                                                  RESPONDENT                          \n \nLIBERTY MUTUAL INSURANCE CO., Carrier                                        RESPONDENT                          \n \n \n \n OPINION/ORDER FILED JANUARY 10, 2024 \n \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant  represented  by  EDDIE  H.  WALKER,  JR.,  Attorney,  Fort  Smith,  Arkansas; \nalthough not appearing at hearing. \n \nRespondents represented by RICK BEHRING, JR., Attorney, Little Rock, Arkansas. \n \n \n OPINION/ORDER \n  \n This  case  comes  on  for  review  following  a  hearing  on  respondent’s  Motion  to \nDismiss. \n On January 24, 2023, claimant suffered an injury to his back.  On April 24, 2023, \nclaimant filed Form AR-C requesting additional compensation benefits and a change of \nphysician.  Apparently, in June 2023 respondent received notice that claimant had passed \naway from a condition unrelated to his claim.  As a result, respondent filed a motion to \ndismiss this claim on October 23, 2023. \n By letter dated November 29, 2023, Mr. Walker acknowledged the passing of the \nclaimant and indicated that under the circumstances he had no objection to dismissal of \n\nMartin (Dec’d.) – H302634 \n \n2 \n \nthe claim without prejudice. \n Based on my review of the respondent’s motion, the letter from Mr. Walker dated \nNovember  29,  2023,  and  all  other  matters  properly  before  the  Commission,  I  find  that \nrespondent’s motion to dismiss this claim should be and hereby is granted pursuant to \nCommission Rule 099.13.  This dismissal is without prejudice. \n IT IS SO ORDERED. \n \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302634 JAMES MARTIN (DEC’D.), Employee CLAIMANT PERNOD RICARD USA LLC, Employer RESPONDENT LIBERTY MUTUAL INSURANCE CO., Carrier RESPONDENT OPINION/ORDER FILED JANUARY 10, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebas...","fetched_at":"2026-05-19T22:58:17.310Z","links":{"html":"/opinions/alj-H302634-2024-01-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/MARTIN_JAMES_H302634_20240110.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}