{"id":"alj-H303057-2024-10-07","awcc_number":"H303057","decision_date":"2024-10-07","opinion_type":"alj","claimant_name":"Wade Baker","employer_name":"City Of Siloam Springs","title":"BAKER VS. CITY OF SILOAM SPRINGS AWCC# H303057 October 07, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BAKER_WADE_H303057_20241007.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BAKER_WADE_H303057_20241007.pdf","text_length":2415,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H303057 \n \nWADE A. BAKER,  Employee                                                              CLAIMANT \n \nCITY OF SILOAM SPRINGS, Employer                                                  RESPONDENT                                                              \n \nARKANSAS MUNICIPAL LEAGUE WCT, Carrier                                   RESPONDENT \n \n \n OPINION/ORDER FILED OCTOBER 7, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, \nWashington County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by MARY K. EDWARDS,  Attorney, No. 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 October  18,  2021,  claimant  suffered  a  compensable  injury  to  his  back  while \nworking  for  the  respondent.    On  May  16,  2023,  claimant,  through  his  attorney,  Lauri \nThomas, filed Form AR-C requesting additional compensation benefits.  In an Order dated \nSeptember  28,  2023,  a  change  of  physician  was  approved  to  Dr.  Blankenship.  \nThereafter, Attorney Thomas’ Motion to Withdraw as Counsel was granted by Order dated \nDecember 20, 2023. \nSince that time, no further action has been requested by the claimant.  On August \n5,  2024, respondent filed  a motion  to dismiss this  claim  for failure  to  prosecute.  \nRespondent sent by certified mail a copy of its’ Motion to Dismiss to the claimant and it \n\nBaker – H303057 \n \n2 \n \nwas delivered on August 15, 2024.   A hearing was scheduled on the respondent’s motion \nfor September 25, 2024.  Notice of the hearing was sent to claimant by certified mail and \nwas picked up by the claimant at the Post Office on August 30, 2024.   \nClaimant did not appear at the hearing and has not responded to the respondent’s \nmotion. \n After my  review of  the  respondent’s motion,  the  claimant’s  failure  to  respond \nthereto, and all other matters properly before the Commission, I find that respondent’s \nmotion to dismiss this claim for failure to prosecute should be and hereby is granted.  This \ndismissal is pursuant to Commission Rule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303057 WADE A. BAKER, Employee CLAIMANT CITY OF SILOAM SPRINGS, Employer RESPONDENT ARKANSAS MUNICIPAL LEAGUE WCT, Carrier RESPONDENT OPINION/ORDER FILED OCTOBER 7, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington C...","fetched_at":"2026-05-19T22:47:26.713Z","links":{"html":"/opinions/alj-H303057-2024-10-07","pdf":"https://labor.arkansas.gov/wp-content/uploads/BAKER_WADE_H303057_20241007.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}