{"id":"alj-H303153-2024-02-07","awcc_number":"H303153","decision_date":"2024-02-07","opinion_type":"alj","claimant_name":"Floyd Bates","employer_name":"Aday Lime & Fertilizer Inc","title":"BATES VS. ADAY LIME & FERTILIZER INC. AWCC# H303153 FEBRUARY 7, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BATES_FLOYD_H303153_20240207.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BATES_FLOYD_H303153_20240207.pdf","text_length":2205,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H303153 \n \nFLOYD BATES, EMPLOYEE   CLAIMANT \n \nADAY LIME & FERTILIZER INC., EMPLOYER RESPONDENT \n \nSTONETRUST INSURANCEINC.INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED FEBRUARY 7, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Russellville, Pope County, \nArkansas. \n \nClaimant is not represented and did not appear at the hearing. \n \nRespondents are represented by ZACHARY F. RYBURN, Attorney, Little Rock, Arkansas \n \nOPINION/ORDER \n \n On  May  26,  2023,  claimant  filed  Form  AR-C,  alleging  a  compensable  injury  on  May  5, \n2023.   Claimant was represented at the time by Laura Beth York, who filed a Motion to Withdraw on \nSeptember 26, 2023 and was allowed to withdraw on October 16, 2023.  No other attorney entered \nan appearance on claimant’s behalf.    \nOn December 4, 2023, respondent filed a Motion to Dismiss, alleging that it had been more \nthan six months since claimant filed his Form AR-C with the Commission, but he had not made a \nrequest for a hearing in that time. A hearing on  respondent’s Motion to Dismiss was scheduled for \nJanuary 30, 2024.  Notice of the scheduled hearing was sent to claimant by certified mail at the last \nknown address in the Commission’s file.  The notice was returned unclaimed on January  9,  2024.   \nClaimant  did  not  respond  to  Respondent’s motion and did not appear in person at the hearing on \nJanuary 30, 2024.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nBates-H303153 \n \n2 \n \nhearing has been made in this file.  After my review of the respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the respondent’s motion, as well as all other matters \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303153 FLOYD BATES, EMPLOYEE CLAIMANT ADAY LIME & FERTILIZER INC., EMPLOYER RESPONDENT STONETRUST INSURANCEINC.INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED FEBRUARY 7, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Russellville, Pope C...","fetched_at":"2026-05-19T22:57:12.367Z","links":{"html":"/opinions/alj-H303153-2024-02-07","pdf":"https://labor.arkansas.gov/wp-content/uploads/BATES_FLOYD_H303153_20240207.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}