{"id":"alj-H303440-2024-02-23","awcc_number":"H303440","decision_date":"2024-02-23","opinion_type":"alj","claimant_name":"Gregory Harris","employer_name":"City Of Dermott","title":"HARRIS VS. CITY OF DERMOTT AWCC# H303440 FEBRUARY 23, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_GREGORY_H303440_20240223.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARRIS_GREGORY_H303440_20240223.pdf","text_length":2824,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H303440 \n \nGREGORY L. HARRIS, EMPLOYEE       CLAIMANT \n \nCITY OF DERMOTT, EMPLOYER                     RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE, CARRIER/TPA                RESPONDENT  \n \n \nOPINION FILED 23 FEBRUARY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 22 February 2024, in McGehee, Desha County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMs. Melissa Wood, Attorney-at-Law, Worley, Wood & Parrish, PA, of Little Rock, Arkansas, \nappeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in McGehee, \nArkansas, on 22 February 2024.  This case relates to an alleged workplace injury by way of \na gunshot sustained on or about 8 May 2023, with a Form AR-C eventually filed on the \nclaimant’s behalf by counsel on 26 May 2023.  A Form AR-2 was filed on 7 June 2023 denying \nthe claim as “personal in nature.”  A First Report of Injury form was filed the following day \nnoting “altercation with a non-employee and he got shot.” \n Claimant’s attorney, Mark Peoples, filed with the Commission a Motion to Withdraw \non 9 August 2023, citing “differences of opinion regarding prosecution of the claim,” and the \nFull Commission granted that Motion on 25 August 2023. \n The respondents filed the immediate Motion to Dismiss for Failure to Prosecute on 5 \nDecember 2023, stating that the claimant had not sought a bona fide hearing on any matter \nat controversy in the six (6) months preceding that filing. \n\nG. HARRIS- H303440 \n2 \n \n A hearing was set on the Motion, and the claimant  did  not  file  an  objection  to  the \ndismissal  or  appear  at  the  hearing  to  argue  against  the  respondents’ Motion.  The \nrespondents  appeared,  presented  their Motion,  and  offered  supporting  evidence  into  the \nrecord. As argued by the respondents at the hearing, the file reflects no request for a hearing \non the claim in the relevant time preceding the filing of their Motion.  \n Arkansas Code  Annotated §  11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing.  Commission \nRule 099.13 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  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nVI.  ORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H303440 GREGORY L. HARRIS, EMPLOYEE CLAIMANT CITY OF DERMOTT, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE, CARRIER/TPA RESPONDENT OPINION FILED 23 FEBRUARY 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge JayO...","fetched_at":"2026-05-19T22:57:43.673Z","links":{"html":"/opinions/alj-H303440-2024-02-23","pdf":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_GREGORY_H303440_20240223.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}