{"id":"alj-H303969-2025-08-13","awcc_number":"H303969","decision_date":"2025-08-13","opinion_type":"alj","claimant_name":"Johnny Brown","employer_name":"Central Moloney, Inc","title":"BROWN VS. CENTRAL MOLONEY, INC. AWCC# H303969 August 13, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BROWN_JOHNNY_L_H303969_20250813.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BROWN_JOHNNY_L_H303969_20250813.pdf","text_length":3959,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H303969 \n \nJOHNNY L. BROWN, EMPLOYEE        CLAIMANT \n \nCENTRAL MOLONEY, INC., SELF-INSURED EMPLOYER                 RESPONDENT \n \nRISK MANAGEMENT RESOURCES, TPA                RESPONDENT \n  \n \n \nOPINION FILED 13 AUGUST 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 9 July 2025 in Little Rock, Arkansas. \n \nThe pro se claimant failed to appear. \n \nFriday, Eldredge & Clark, LLP, Mr. Guy Wade, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 9 July 2025. This case relates to an alleged workplace injury occurring \non 13 June 2023. The respondents introduced, and I admitted to the record as Respondents’ \nExhibit No 1, forty-six pages of forms, correspondence, and filings in support of their motion. \nAdditionally, I admitted to the record as Commission’s Exhibit No 1, which consisted of the \none Form AR-C and two proof of delivery receipts. \nThe claimant, though then-counsel, initially filed a Form AR-C claiming a shoulder \ninjury. The claimant later filed another Form AR-C claiming injuries to his right shoulder \nand other body parts. The claimant has been represented by different counsel at various \ntimes in this matter. His counsel have each moved to withdraw, and permission for the \nsame was granted by the Full Commission in Orders dated 16 February 2024 and 30 April \n2025. Prehearing Orders were entered on 20 December 2023 and 15 October 2024. Both \nwere continued before the respective hearings were held.  \n\nJ. BROWN- H303969 \n2 \n \nThe respondents requested that this claim for initial benefits be dismissed under \nCommission Rule 099.13 (now codified at 11 C.A.R. § 25-110(d)) on 6 May 2025. They note \nthat the claimant has twice been represented and that he has yet to take a matter ripe for \nlitigation to a hearing.  \n Notice of the respondents’ motion was sent to the claimant, consistent with \nCommission practices, via First Class Mail and Certified Mail. Notice of the hearing on the \nrespondents was sent in the same manner. Proof of delivery receipts show that those \nnotices were delivered to the claimant’s address: \n908 N. Lee Street \nPine Bluff, Arkansas 71602 \n \n See Commission’s Exhibit No 1. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on that motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute his \nclaim under 11 C.A.R. § 25-110(d). \n \n4. The Motion to Dismiss is hereby granted; this claim for additional benefits is \ndismissed without prejudice under 11 C.A.R. § 25-110(d). \n \nDISCUSSION \nThe respondents appeared on 9 July 2025 and presented their motion. As argued by \nthe respondents at the hearing, Commission Rule 099.13 (now 11 C.A.R. § 25-110(d)) \nprovides for a dismissal for failure to prosecute an action upon application by either party \nand reasonable notice. The claimant did not file a response to the motion or appear at the \nhearing to argue against the dismissal of his claim. The last action taken on behalf of the \n\nJ. BROWN- H303969 \n3 \n \nclaimant appears to be his counsel’s request for to withdraw from the matter on 1 April \n2025. No efforts have since been made to proceed to a hearing on any claim that might be \nripe for litigation. A dismissal without prejudice is, therefore, appropriate.  \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H303969 JOHNNY L. BROWN, EMPLOYEE CLAIMANT CENTRAL MOLONEY, INC., SELF-INSURED EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, TPA RESPONDENT OPINION FILED 13 AUGUST 2025 Heard before Arkansas Workers’ Compensation Commission (“the Commission”) Administra...","fetched_at":"2026-05-19T22:37:28.992Z","links":{"html":"/opinions/alj-H303969-2025-08-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BROWN_JOHNNY_L_H303969_20250813.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}