{"id":"alj-H303532-2025-06-02","awcc_number":"H303532","decision_date":"2025-06-02","opinion_type":"alj","claimant_name":"Johnny Segraves","employer_name":"Hytrol Conveyor Co. Inc","title":"SEGRAVES VS. HYTROL CONVEYOR CO. INC. AWCC# H303532 June 02, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:3"],"injury_keywords":["hip","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Segraves_Johnny_H303532_20250602.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Segraves_Johnny_H303532_20250602.pdf","text_length":6100,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H303532 \n \nJOHNNY SEGRAVES, \nEMPLOYEE                                                                                                              CLAIMANT \n \nHYTROL CONVEYOR CO. INC., \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nCCMSI, \nTPA                                                                                                                        RESPONDENT \n \n \nOPINION FILED JUNE 2, 2025 \n \nHearing conducted on Friday, April 25,  2025,  before  the  Arkansas  Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Jonesboro, \nCraighead County, Arkansas. \n \nThe Claimant, Mr. Johnny Segraves, Pro Se, of Walnut Ridge, Arkansas.  \n \nThe Respondents were represented by Mr. S. Shane Baker, Attorney at Law, Jonesboro, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non December 31, 2024.  A hearing on the motion was conducted on April 25, 2025, in Jonesboro, \nArkansas.  Claimant, according to Commission file is Pro Se, failed to appear at the hearing.  \nThe  Claimant  worked  for  the  Respondent/Employer  as  a Const/Agriculture  Machine \nworker. The date for Claimant’s alleged injury was on May 23, 2023. He reported his injury to \nRespondent/Employer on the  same  day. Respondents  admitted into  the  record Respondents’ \nExhibit 1, Order  of Withdrawal,  consisting  of 2 pages,  Respondents’ Exhibit  2, Entry  of \nAppearance, consisting of 2 pages, Respondents’ Exhibit 3, Motion  to Dismiss,  consisting  of  3 \npages, and Respondents’ Exhibit 4, email from claimant, consisting of 1 page. The Commission \n\nSEGRAVES, AWCC No. H303532 \n \n2 \n \nadmitted  into  evidence Commission  Ex.  1,  pleadings,  correspondence,  and  U.S.  Mail  return \nreceipts, consisting of 8 pages, as discussed infra. \nThe  record  reflects that on June 1,  2023,  a  Form  AR-1 was  filed  with  the  Commission \npurporting that Claimant’s disability began May 24, 2023. Also  on  June 1,  2023,  a  Form  AR-2 \nwas filed by Respondents accepting compensability. On June 11, 2024, Form AR-C was filed by \nClaimant’s then-attorney, Mark Peoples, with the Commission purporting that Claimant injured \nhis hip,  and as  a  compensable  consequence  of  his  alleged  hip  injury  he  has  developed  back \nproblems. Claimant’s counsel, Mark Peoples, filed a Motion to Withdraw on July  9,  2024.  The \nFull Commission granted the motion on August 7, 2024. \nOn December 19, 2024, Respondents’ counsel filed a Motion to Dismiss due to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on December 27, 2024, notice of the Motion \nto  Dismiss, via certified  and  regular  U.S.  Mail,  to  his last  known  address.  The  certified motion \nnotice was claimed by Claimant as noted on the January 3, 2025, return receipt. The Claimant did \nrespond  to  the  motion  in  an  email  dated  January  23,  2025.  There  the  Claimant  asked  the \nCommission to “dismiss any action to pursue a claim against Hytrol Conveyor Co.” Thus,  in \naccordance with applicable Arkansas law, the Claimant was mailed due and proper legal notice of \nRespondents’ Motion to Dismiss hearing date at his current address of record via the United States \nPostal  Service  (USPS), First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-\nClass Mail, on February 21, 2025. The certified notice was claimed on February 26, 2025, return \nnotice. The hearing took place on April 25, 2025. And as mentioned before, the Claimant did not \nshow up to the hearing. \n \n \n\nSEGRAVES, AWCC No. H303532 \n \n3 \n \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole and other matters properly before the Commission, \nI hereby make the following findings of fact and conclusions of law in accordance with Ark. Code \nAnn. § 11-9-704 (Repl. 2012):  \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had reasonable notice of the April 25, 2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to make a bona fide request for a hearing in more than six months pursuant \nto Ark. Code Ann. § 11-9-702(a)(4).  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION  \nUnder Ark. Code Ann. § 11-9-702(a)(4) “If within six (6) months after the filing of a claim \nfor compensation no bona fide request for a hearing has been made with respect to the claim, the \nclaim may, upon motion and after hearing, be dismissed without prejudice...”. Consistent  with \nArk.  Code  Ann. §  11-9-702(a)(4), the  Commission  scheduled  and  conducted  a  hearing,  with \nreasonable notice to the Claimant, on Respondents’ Motion to Dismiss hearing date. The certified \nhearing notice was claimed on February 26, 2025, per the return postal notice bearing the same \ndate. Thus,  I find by the preponderance of the evidence that reasonable notice was given to the \nClaimant.  \nArk. Code Ann. § 11-9-702(a)(4) allows the Commission, upon meritorious application, to \ndismiss an action pending before it due to a want of a bona fide request for a hearing within six \nmonths. The Claimant filed his Form AR-C on June 11, 2024. Since then, he has failed to request \n\nSEGRAVES, AWCC No. H303532 \n \n4 \n \na bona fide hearing. Therefore, I do find by the preponderance of the evidence that Claimant has \nfailed  to  prosecute  his claim  by  failing  to  request  a bona  fide hearing within  six  months.  Thus, \nRespondents’ Motion to Dismiss should be granted. \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted, and Claimant’s claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H303532 JOHNNY SEGRAVES, EMPLOYEE CLAIMANT HYTROL CONVEYOR CO. INC., SELF-INSURED EMPLOYER RESPONDENT CCMSI, TPA RESPONDENT OPINION FILED JUNE 2, 2025 Hearing conducted on Friday, April 25, 2025, before the Arkansas Workers’ Compensation Commission (the Commi...","fetched_at":"2026-05-19T22:39:26.354Z","links":{"html":"/opinions/alj-H303532-2025-06-02","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Segraves_Johnny_H303532_20250602.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}