{"id":"alj-H303802-2024-05-14","awcc_number":"H303802","decision_date":"2024-05-14","opinion_type":"alj","claimant_name":"Andrew Waldrup","employer_name":null,"title":"WALDRUP VS. BATSON MACHINE & FABRICATIONAWCC# H303802May 14, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WALDRUP_ANDREW_H303802_20240514.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WALDRUP_ANDREW_H303802_20240514.pdf","text_length":2580,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H303802 \n \nANDREW R. WALDRUP, EMPLOYEE    CLAIMANT \n \nBATSON MACHINE & FABRICATION, EMPLOYER  RESPONDENT \n \nSTONETRUST, TPA/CARRIER     RESPONDENT \n \n           \n \n \nOPINION FILED MAY 14, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on May 7, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Jason M. Ryburn, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on May 7, 2024, in Little Rock, \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 filed a Form AR – C \n\non or about June 14, 2023, contending that he had crushed two fingers in a machine.  A  \nFirst Report of Injury was filed on June 23, 2023, that provided there was a contusion \ninvolving the fingers of the left hand.  An AR – 2 was filed on or about June 28, 2023, \nthat appeared to provide that it was a medical only claim.     \n A Motion to Dismiss was filed on or about December 8, 2023, 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 nor is there any record of him \ncontacting the Commission.   \n Appropriate notice was provided to the claimant notifying him that a hearing on \nthe Motion to Dismiss was set for May 7, 2024, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the \nhearing, Jason M. Ryburn, appeared on behalf of the Respondents and asked that the \nmatter be dismissed 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 \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      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303802 ANDREW R. WALDRUP, EMPLOYEE CLAIMANT BATSON MACHINE & FABRICATION, EMPLOYER RESPONDENT STONETRUST, TPA/CARRIER RESPONDENT OPINION FILED MAY 14, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on May 7, 2024. Cl...","fetched_at":"2026-05-19T22:54:16.389Z","links":{"html":"/opinions/alj-H303802-2024-05-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WALDRUP_ANDREW_H303802_20240514.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}