{"id":"alj-H304392-2024-09-16","awcc_number":"H304392","decision_date":"2024-09-16","opinion_type":"alj","claimant_name":"Kenneth Martin","employer_name":"Amazon.Com, Inc","title":"MARTIN VS. AMAZON.COM, INC. AWCC# 304392 September 16, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["wrist","shoulder","neck"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MARTIN_KENNETH_H304392_20240916.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MARTIN_KENNETH_H304392_20240916.pdf","text_length":2890,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No 304392 \n \nKENNETH MARTIN, EMPLOYEE       CLAIMANT \n \nAMAZON.COM, INC., EMPLOYER            RESPONDENT \n \nAMERICAN ZURICH INS. CO./ \nSEDGEWICK CLAIMS MNGMNT., CARRIER/TPA              RESPONDENT \n  \n \n \nOPINION FILED 16 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 11 September 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nNewkirk & Jones, Mr. Rick Behring, 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 11 September 2024. This case relates to an alleged workplace injury, \nsustained on or about 14 December 2024. A First Report of Injury was filed on 12 July 2023, \nnoting pain the claimant’s right wrist, and a Form AR-2 accepting the claim was filed the \nsame day. A Form AR-C was then filed by claimant’s counsel on 5 October 2023, listing \ninjuries to the claimant’s right arm and shoulder, neck, and other whole body. In an Order \ndated 25 June 2024, the Full Commission relieved the claimant’s counsel of his \nrepresentation before the Commission. See Exhibit No 1. \n On 8 July 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim. Letters providing notice of that motion and notice of the hearing were \nsent to the claimant, consistent with the Commission’s practice. I noted at the hearing that \nmailings from the Commission to claimants are sent via both First Class and Certified Mail \n\nK. MARTIN- H304392 \n2 \n \nwith return receipts requested. Returned mail is regularly appended to the Commission’s \nfile. The Commission’s file includes only the return of one Certified Mailing, which notes it \nas unclaimed. \nThe respondents appeared on 11 September 2024, presented their motion, and \noffered supporting evidence into the record. As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \nof their motion. And the claimant did not appear at the hearing to resist the dismissal of \nthis claim. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \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 304392 KENNETH MARTIN, EMPLOYEE CLAIMANT AMAZON.COM, INC., EMPLOYER RESPONDENT AMERICAN ZURICH INS. CO./ SEDGEWICK CLAIMS MNGMNT., CARRIER/TPA RESPONDENT OPINION FILED 16 SEPTEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Admini...","fetched_at":"2026-05-19T22:49:07.496Z","links":{"html":"/opinions/alj-H304392-2024-09-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/MARTIN_KENNETH_H304392_20240916.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}