{"id":"alj-H303553-2024-06-28","awcc_number":"H303553","decision_date":"2024-06-28","opinion_type":"alj","claimant_name":"Shaun Campbell","employer_name":null,"title":"CAMPBELL VS. FUTUREFUELCHEMICAL CO.AWCC# H303553June 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["back","neck","shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/CAMPBELL_SHAUN_H303553_20240628.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CAMPBELL_SHAUN_H303553_20240628.pdf","text_length":3064,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H303553 \n \nSHAUN CAMPBELL, EMPLOYEE    CLAIMANT \n \nFUTUREFUELCHEMICAL CO., EMPLOYER   RESPONDENT \n \nEMPLOYERS IN. CO. OF WAUSA, TPA/CARRIER  RESPONDENT \n \n           \n \n \nOPINION FILED JUNE 28, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Batesville, \nArkansas on June 26, 2024. \n \nClaimant is Pro Se and failed to appear. \n \nRespondents are represented by their attorney, Rick Behring, Jr., Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on June 26, 2024, in Batesville, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to A.C.A. \n11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The claimant \nwas pro se and failed to appear for the hearing. The claimant had been previously \n\nrepresented by Laura Beth York, who had been allowed to withdraw by an Order of the \nFull Commission, dated March 20, 2024. Claimant had filed a Form AR – C on or about \nJune 1, 2023, contending the claimant was injured during the course and scope of \nemployment, with injuries to the back, neck, head, right arm, right shoulder, left \nshoulder, and whole body.  A First Report of Injury was filed on June 5, 2023, that \nprovided the claimant while unhooking a railcar with a wrench, and while pulling back on \nthe wrench, developed a pain between the shoulder blades.  An AR – 2 was filed on or \nabout June 5, 2023, and the claim was accepted as compensable.     \n A Motion to Dismiss was filed on or about April 1, 2024, requesting that the \nmatter be dismissed for failure to prosecute pursuant to A.C.A. 11-9-702(a) (4) and Rule \n099.13.  The claimant has not requested a hearing to date and more than six months \nhave passed since the filing of the original claim.  Respondent stated through their \nattorney that they had submitted discovery that was not responded to.  Additionally, the \nclaimant had reached MMI prior to the above hearing date and was paid an impairment \nrating.   \n Appropriate notice was provided to the claimant notifying of a hearing on the \nMotion to Dismiss on June 26, 2024, in Batesville, Arkansas.  The claimant did not file a \nresponse and failed to appear on the hearing date.  At the time of the hearing, Rick \nBehring, Jr., appeared on behalf of the Respondents and asked that the matter be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, it is found that this matter should be dismissed without prejudice, for \n\nfailure to prosecute pursuant to A.C.A. 11-9-702 and Rule 099.13 of the Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303553 SHAUN CAMPBELL, EMPLOYEE CLAIMANT FUTUREFUELCHEMICAL CO., EMPLOYER RESPONDENT EMPLOYERS IN. CO. OF WAUSA, TPA/CARRIER RESPONDENT OPINION FILED JUNE 28, 2024 Hearing before Administrative Law Judge James D. Kennedy in Batesville, Arkansas on June 26,...","fetched_at":"2026-05-19T22:53:28.184Z","links":{"html":"/opinions/alj-H303553-2024-06-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/CAMPBELL_SHAUN_H303553_20240628.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}