{"id":"alj-H302738-2024-12-04","awcc_number":"H302738","decision_date":"2024-12-04","opinion_type":"alj","claimant_name":"Marvin Roberson","employer_name":"Lakeshore Recycling","title":"ROBERSON VS. LAKESHORE RECYCLING AWCC# H302738 December 04, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/ROBERSON_MARVIN_H302738_20241204.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ROBERSON_MARVIN_H302738_20241204.pdf","text_length":2343,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H302738 \n \nMARVIN ROBERSON, Employee CLAIMANT \n \nLAKESHORE RECYCLING, Employer RESPONDENT \n  \nAMERICAN ZURICH INS. CO., Carrier RESPONDENT \n \n OPINION/ORDER FILED DECEMBER 4, 2024  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Harrison, Boone \nCounty, Arkansas. \n \nClaimant represented   by CHRISTOPHER   S.   MOBERG,   Attorney, Springfield, Missouri; \nalthough not present at hearing. \n \nRespondent represented by MELISSA WOOD, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn December  27,  2023, Christopher  Moberg, claimant’s attorney, filed a  Form AR-C \nrequesting various compensation benefits in which he alleged injuries to his head, right shoulder, \nribs, and spleen; however, no hearing was requested. No further action was taken in this claim. \nOn August  12,  2024,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this  claim  be \ndismissed for lack of prosecution. A hearing was scheduled for November 7, 2024. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on September  12, \n2024. United States Postal Department records indicate that claimant received and signed for the \nnotice  on  September  19,  2024.  Despite  having  received  notice  of  the  scheduled  hearing,  the \nclaimant failed to appear at the hearing. \n\nRoberson – H302738 \n2 \n \nMr. Moberg indicated by email of a letter dated August 12, 2024, that he would waive his \nappearance at the hearing and further indicated that he had no objection to the Motion to Dismiss \n“WITHOUT prejudice.”    \n After my review of respondent’s Motion to Dismiss, Mr. Moberg’s response thereto that \nhe had  no  objection  to  the  motion  to  dismiss  without  prejudice,  and  the claimant’s failure  to \nappear  at  the  scheduled  hearing, as  well  as all  other  matters  properly  before  the  Commission,  I \nfind that respondent’s Motion to Dismiss this claim should be and hereby is granted pursuant to \nA.C.A. §11-9-702(a)(4).  This dismissal is without 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. H302738 MARVIN ROBERSON, Employee CLAIMANT LAKESHORE RECYCLING, Employer RESPONDENT AMERICAN ZURICH INS. CO., Carrier RESPONDENT OPINION/ORDER FILED DECEMBER 4, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Harrison, Boone County, Arkansas....","fetched_at":"2026-05-19T22:45:10.090Z","links":{"html":"/opinions/alj-H302738-2024-12-04","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/ROBERSON_MARVIN_H302738_20241204.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}