{"id":"alj-H303152-2024-09-13","awcc_number":"H303152","decision_date":"2024-09-13","opinion_type":"alj","claimant_name":"Rohn Butler","employer_name":"Mcdonalds Restaurant/retzer Resources","title":"BUTLER VS. McDONALDS RESTAURANT/RETZER RESOURCES AWCC# H303152 September 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BUTLER_ROHN_H303152_20240913.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BUTLER_ROHN_H303152_20240913.pdf","text_length":2856,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H303152 \n \nROHN BUTLER, EMPLOYEE                  CLAIMANT \n \nMcDONALDS RESTAURANT/RETZER RESOURCES,  \nEMPLOYER                   RESPONDENT \n \nSENTRY CASUALTY CO., CARRIER/TPA                 RESPONDENT \n  \n \n \nOPINION FILED 13 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 12 September 2024 in Pine Bluff, Arkansas. \n \nThe pro se claimant did not appear. \n \nWorley, Wood & Parrish, PA, Ms. Melissa Wood, appeared on behalf of the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Pine \nBluff, Arkansas, on 12 September 2024. This case relates to a workplace injury, sustained \non or about 6 April 2023. A Form AR-C was filed on 15 May 2023. A First Report of Injury \nwas filed on 19 May 2023, and a Form AR-2 was then filed on 22 May 2023. By way of a 3 \nMay 2024 Order, the Full Commission granted relief to the claimant’s counsel in this \nmatter, who requested to withdraw on 9 April 2024.  \n On 13 June 2024, the respondents requested a dismissal for the claimant’s failure to \nprosecute his claim. Letters were sent by the Commission to the claimant providing notice \nof the respondents’ motion on 20 June 2024 and notice of the hearing on that motion on 1 \nAugust 2024. In keeping with the Commission’s practice, those notice letters were sent via \nFirst Class Mail and Certified Mail with Return Receipts Requested. Also in keeping with \nthe Commission’s practice, returned mailings are included in a claimant’s file when \n\nR. BUTLER- H303152 \n2 \n \ncorrespondence comes back as undeliverable or unclaimed. I noted at the hearing that this \nfile contains no return of the First Class Mailings, but the Certified letters came back as \nunclaimed. Both letters to the claimant stated that the claimant need not appear if he did \nnot wish to object to the dismissal of this matter. \n The respondents appeared at the appointed time and presented evidence and \nargument in support of their motion. The claimant did not appear to resist the dismissal of \nthe matter. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nsimilarly provides for a dismissal for failure to prosecute an action upon application by \neither party. Based on the record, the available evidence, and the arguments presented at \nthe hearing, I find that the respondents’ Motion to Dismiss should be granted and that this \nmatter should be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this claim is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H303152 ROHN BUTLER, EMPLOYEE CLAIMANT McDONALDS RESTAURANT/RETZER RESOURCES, EMPLOYER RESPONDENT SENTRY CASUALTY CO., CARRIER/TPA RESPONDENT OPINION FILED 13 SEPTEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law...","fetched_at":"2026-05-19T22:49:03.356Z","links":{"html":"/opinions/alj-H303152-2024-09-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/BUTLER_ROHN_H303152_20240913.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}