{"id":"alj-H304175-2023-11-30","awcc_number":"H304175","decision_date":"2023-11-30","opinion_type":"alj","claimant_name":"Redis Bonds","employer_name":"Laidlaw, Inc","title":"BONDS VS. LAIDLAW, INC. AWCC# H304175 NOVEMBER 30, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BONDS_REDIS_H304175_20231130.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BONDS_REDIS_H304175_20231130.pdf","text_length":3082,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H304175 \n \nREDIS D. BONDS, EMPLOYEE        CLAIMANT \n \nLAIDLAW, INC., EMPLOYER                RESPONDENT \n \nBRIDGEFIELD CASUALTY INS. CO.,/ \nSUMMIT CONSULTING, LLC., CARRIER/TPA           RESPONDENT \n \n \nOPINION FILED 30 NOVEMBER 2023 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 29 November 2023, Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant waived appearing. \n \nMr.  Guy Alton Wade,  Attorney-at-Law  of  Little  Rock,  Arkansas,  appeared for  the \nrespondents. \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 29 November 2023. This case relates to a workplace injury sustained on \n8 September 2022. A Form AR-C was first filed with the Commission on 30 June 2023 \nclaiming eye injuries associated with glass cleaner splashing in the claimant’s eye. A Form \nAR-2 was filed with the Commission on 25 July 2023, accepting the medical-only claim. \n On 5 October 2023 the Commission received a letter motion from the respondents, \noriginally dated 1 August 2023, requesting that this matter be dismissed. The claimant sent \na letter, dated 10 October 2023, to the Commission in response to notice of that Motion \nindicating that she did not object to the dismissal and that she was not requesting a hearing \non any issues relating to her claim. A copy of that letter was included in the documents \npresented by the respondents at the hearing on their immediate motion. As argued by the \nrespondents,  the  file  reflects  no  request  for  a  hearing  on a claim  in  the  relevant  time \n\nR. BONDS- H304175 \n2 \n \npreceding the filing of that Motion. Notice of that motion and notice of the hearing on that \nMotion  were  sent  to  the  address  provided  by  the  claimant, and  the claimant chose  not to \nappear  to  resist  the Motion  to Dismiss this  action. (The  claimant  did,  however,  express \nthanks  to  the  respondents  in  her  letter  for  assisting  her  in  seeking  treatment  for  her  eye \ntroubles.) The  respondents  appeared,  presented  their Motion,  and  offered  supporting \nevidence into the record. \n Arkansas Code  Annotated §  11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing. Commission \nRule 099.13 provides for  a  dismissal  for  failure  to prosecute  an  action upon  application  by \neither  party. Based on the record, available evidence, the arguments of the respondents’ \ncounsel, and  the  notice  from  the  claimant  of  her  not  objecting  to  the  dismissal  without \nprejudice, I  find  that  the respondents’ Motion  to  Dismiss  should  be  granted  and  that  the \nmatter should be dismissed without prejudice. \nVI.  ORDER \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 H304175 REDIS D. BONDS, EMPLOYEE CLAIMANT LAIDLAW, INC., EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INS. CO.,/ SUMMIT CONSULTING, LLC., CARRIER/TPA RESPONDENT OPINION FILED 30 NOVEMBER 2023 Heard before Arkansas Workers’ Compensation Commission (AWCC) Admi...","fetched_at":"2026-05-19T23:00:58.963Z","links":{"html":"/opinions/alj-H304175-2023-11-30","pdf":"https://labor.arkansas.gov/wp-content/uploads//BONDS_REDIS_H304175_20231130.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}