{"id":"alj-H303309-2023-12-19","awcc_number":"H303309","decision_date":"2023-12-19","opinion_type":"alj","claimant_name":"Larry Williams","employer_name":"Trotter Electric","title":"WILLIAMS VS. TROTTER ELECTRIC AWCC# H303309 DECEMBER 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_LARRY_h303309_20231219.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILLIAMS_LARRY_h303309_20231219.pdf","text_length":2335,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H303309 \n \nLARRY WILLIAMS, Employee          CLAIMANT \n \nTROTTER ELECTRIC, Employer     RESPONDENT \n \nUNITED FIRE GROUP, Carrier/TPA      RESPONDENT \n \n \n OPINION FILED DECEMBER 19, 2023  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by MELISSA WOOD, 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 March 28, 2023, the claimant filed an AR-C requesting various compensation benefits \nin which he alleged an injury to his lower back on December 30, 2022. The claim was denied in \nits entirety. There has been no request for a hearing or additional activity by the claimant since \nthe filing of the Form AR-C. \n On  September  13,  2023,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim  be  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  December  7,  2023. \nNotice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on \nOctober 25, 2023. That certified mail notice was returned to the Commission by the Post Office \nwith a notation “Return to Sender. Not Deliverable as Addressed. Unable to Forward.” \n\nWilliams – H303309 \n \n-2- \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      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H303309 LARRY WILLIAMS, Employee CLAIMANT TROTTER ELECTRIC, Employer RESPONDENT UNITED FIRE GROUP, Carrier/TPA RESPONDENT OPINION FILED DECEMBER 19, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Cl...","fetched_at":"2026-05-19T22:59:57.595Z","links":{"html":"/opinions/alj-H303309-2023-12-19","pdf":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_LARRY_h303309_20231219.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}