{"id":"alj-H303774-2024-07-10","awcc_number":"H303774","decision_date":"2024-07-10","opinion_type":"alj","claimant_name":"Cody Sheff","employer_name":null,"title":"SHEFF VS. ROUGH HANDS CONSTR. CO., INC.AWCC# H303774July 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SHEFF_CODY_H303774_20240710.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHEFF_CODY_H303774_20240710.pdf","text_length":6455,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303774 \n \nCODY J. SHEFF, \nEMPLOYEE                                                                                                              CLAIMANT \n \nROUGH HANDS CONSTR. CO., INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nTECHNOLOGY INS. CO./ \nAMTRUST NORTH AMERICA \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION FILED JULY 10, 2024, \nHOLDING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE IN \nABEYANCE FOR 30 DAYS \n \nHearing conducted on Friday, July  5, 2024, before  the  Arkansas  Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Hot Springs, \nGarland County, Arkansas. \n \nThe claimant, Mr. Cody J. Sheff, pro se, of Hot Springs, Garland County, Arkansas, appeared in \nperson at the hearing.  \n \nThe respondents were represented by the Honorable William C. (Bill) Frye, Frye Law Firm, P.A., \nNorth Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A hearing was conducted on Friday, July 5, 2024, to determine whether this claim should \nbe  dismissed  for  lack  of  prosecution  pursuant  to Ark.  Code  Ann. §  11-9-702(a)(4) (2024 Lexis \nReplacement)  and  Commission  Rule  099.13  (2024 Lexis  Repl.).  The  respondents filed  a letter \nmotion to  dismiss  with  the  Commission  on May  8,  2024, requesting  this  claim  be  dismissed \nwithout prejudice for lack of prosecution. \n           In accordance with applicable Arkansas law, the claimant was mailed due and proper legal \nnotice of both the respondents’ motion to dismiss as well as a copy of the hearing notice at his \ncurrent addresses of record via the United States Postal Service (USPS), First Class Certified Mail, \n\nCody J. Sheff, AWCC No. H303774 \n \n2 \n \nwhich he received on June 1, 2024. (Commission Exhibit 1). Although the claimant failed and/or \nrefused to respond to the respondents’ motion, or to contact the respondents or the Commission, \nhe  appeared  in  person,  pro  se,  at  the  subject  hearing. The  record  herein  consists  of the  hearing \ntranscript and any and all exhibits contained therein and attached thereto.  \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ letter motion to dismiss \nfiled with the Commission on May 8, 2024. The respondents have controverted this claim in its \nentirety.   \n           The  claimant appeared  in  person  at  the  hearing.  He  testified  he  had  at  one  time  been \nrepresented by an attorney, Mark Peoples of the Peoples Law Firm in Little Rock. The claimant \ntestified in essence that Attorney Peoples, “wanted him to do all the work” to prove his claim, and \nthat Attorney Peoples advised the claimant he had not given him enough proof that he sustained a \nwork-related injury. Therefore, Attorney Peoples filed a motion with the Commission requesting \nto withdraw as the claimant’s attorney, and the Commission granted this motion via a unanimous \norder filed May 6, 2024. Very soon thereafter, on May 8, 2024, the respondents’ filed their letter \nmotion to dismiss with the Commission.  \n          The claimant testified that either he and/or his uncle had retained an attorney to resent him \nin this matter, although he was unable to advise whether the attorney had notice of the hearing, or \nto say why the attorney had not appeared at the hearing with him. There exists no documentary \nevidence in the record corroborating the claimant’s statement and/or belief that  either  his  uncle \nand/or he had retained counsel to represent him in this matter. The ALJ provided the claimant with \n\nCody J. Sheff, AWCC No. H303774 \n \n3 \n \nthe contact information for the Commission’s Legal Advisors Division so that he could call them \nand seek any guidance and/or obtain any additional information he required concerning his legal \nrights and responsibilities in this matter. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, and as I advised the parties on the record at the hearing, I hereby make \nthe following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. The ALJ will hold in abeyance a final decision on the respondents’ subject motion \n                  to dismiss without prejudice for a period of 30 days, or until COB on August 6, \n                  2024. \n \n      3.         The claimant has 30 days from the hearing date, or until COB on Tuesday, August \n                  6, 2024, for an attorney to enter an appearance on his behalf in this claim and to \n                  request a hearing; or, alternatively, for the claimant to request a hearing on the \n                  merits, and advise he intends to proceed with this claim pro se, i.e., representing \n                  himself.  \n \n      4.         If the claimant fails and/or refuses to comply with the immediately aforementioned \n                  conditions set forth in Paragraph 3 on or before COB on Tuesday, August 6, 2024, \n                  the ALJ shall grant the respondents’ letter motion to dismiss without prejudice filed \n                  with the Commission on May 8, 2024, without prejudice without the necessity of \n                  either the respondents filing another motion to dismiss, and without the necessity \n                  of the Commission holding another hearing the respondents’ motion to dismiss \n                  without prejudice. \n \n           If they have not already done so, the respondents shall pay the court reporter’s invoice \nwithin \n \n twenty (20) days of the filing of this opinion and order. \n \n            IT IS SO ORDERED.  \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \nMP/mp \n\nCody J. Sheff, AWCC No. H303774 \n \n4","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303774 CODY J. SHEFF, EMPLOYEE CLAIMANT ROUGH HANDS CONSTR. CO., INC., EMPLOYER RESPONDENT TECHNOLOGY INS. CO./ AMTRUST NORTH AMERICA INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JULY 10, 2024, HOLDING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE IN ...","fetched_at":"2026-05-19T22:51:07.769Z","links":{"html":"/opinions/alj-H303774-2024-07-10","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SHEFF_CODY_H303774_20240710.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}