{"id":"alj-H303029-2024-09-24","awcc_number":"H303029","decision_date":"2024-09-24","opinion_type":"alj","claimant_name":"Trenton Swan","employer_name":"Abm Industries, Inc","title":"SWAN VS. ABM INDUSTRIES, INC. AWCC# H303029 September 27, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["neck","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SWAN_TRENTON_H303029_20240924.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SWAN_TRENTON_H303029_20240924.pdf","text_length":2608,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H303029 \n \nTRENTON SWAN, Employee      CLAIMANT \n \nABM INDUSTRIES, INC., Employer     RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA Carrier/TPA   RESPONDENT \n \n \n OPINION FILED SEPTEMBER 27, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Russellville, Pope \nCounty, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by ERIC NEWKIRK, 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  10,  2023,  the  claimant’s  attorney, Mark  Peoples,  filed  an  AR-C  requesting \nvarious  compensation  benefits  in  which  he  alleged  injuries  to  his neck,  back  and  head on  or \nabout May 8, 2023. The claim was accepted as compensable, and all related benefits were paid.  \nOn September  6,  2023,  Mr. Peoples filed  a  Motion  to  Withdraw  as  Counsel,  which  the \nFull  Commission  granted  on September  13,  2024.  No  further  action was  taken  regarding  this \nclaim. \n On April  12,  2024,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this  claim \nbe dismissed for lack of prosecution. A hearing was scheduled for September 12, 2024. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on June 4, 2024. \nUnited States Postal Department records indicate that claimant received and signed for the notice \n\nSwan – H303029 \n \n-2- \non June 15, 2024. Despite having received notice of the scheduled hearing, the claimant failed to \nappear 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       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H303029 TRENTON SWAN, Employee CLAIMANT ABM INDUSTRIES, INC., Employer RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA Carrier/TPA RESPONDENT OPINION FILED SEPTEMBER 27, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Russellville, Pope Cou...","fetched_at":"2026-05-19T22:49:32.935Z","links":{"html":"/opinions/alj-H303029-2024-09-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/SWAN_TRENTON_H303029_20240924.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}