{"id":"alj-H304447-2024-11-26","awcc_number":"H304447","decision_date":"2024-11-26","opinion_type":"alj","claimant_name":"Cruz Mendez","employer_name":"Whistle Lumber Co., Inc","title":"MENDEZ VS. WHISTLE LUMBER CO., INC. AWCC# H304447 November 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MENDEZ_CRUZ_H304447_20241126.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MENDEZ_CRUZ_H304447_20241126.pdf","text_length":6053,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304447 (inclusive of H304518) \n \n \nCRUZ A. MENDEZ,  \nA/KA/ ARCHIBALDO GUZMAN,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nWHISTLE LUMBER CO., INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nWESCO INS. CO./AMTRUST NORTH AMERICA, \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED NOVEMBER 26, 2024 \n \nHearing conducted on Thursday,   November 21, 2024, before  the  Arkansas  Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in \nHope, Hempstead County, Arkansas. \n \nThe  claimant,  Mr. Cruz  A.  Mendez,  a/k/a  Archibaldo  Guzman,  pro  se,  of Hope,  Hempstead \nCounty, Arkansas, failed and/or refused to appear at the hearing.  \n \nThe respondent was represented by the Honorable William C. “Bill” Frye, Frye Law Firm, North \nLittle Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n        A hearing was conducted on Thursday, November 21, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n        The claimant also is known as and goes by the name of Archibaldo Guzman, and a Form AR-\n2 was filed for this same claimant arising out of the same alleged injury and injury date in AWCC \nNo. H304518. Consequently, the Commission’s Compliance Division consolidated the single \nclaimant and two (2) claim numbers into a single claim number, AWCC No. H304447. (Hearing \nTranscript; Respondents’ Exhibits 1-4). \n\nCruz A. Mendez, a/k/a Archibaldo Guzman, AWCC No. H304447 (inclusive of H304518) \n2 \n \n       The  claimant herein  previously was represented  by  counsel, Mark  Alan  Peoples.  By  Full \nCommission  order  filed August  7,  2024, the  Full  Commission  granted Mr. Peoples’s request  to \nwithdraw as the claimant’s counsel. Soon thereafter, by a letter motion filed with the Commission \non  August  14,  2024 (MTD), the  respondents  requested  this  claim  be  dismissed  for  lack  of \nprosecution  pursuant  to  the  aforementioned  statute  and  Commission  rule. (T.;  Respondents’ \nExhibits 1-4). \n        In compliance with the applicable law the claimant was provided due and legal notice of the \nrespondents’ MTD as well as the date, time, and location of the subject hearing. The claimant did \nnot respond in writing to the respondents’ motion in  any  way,  and he failed  and/or  refused  to \nappear at the subject hearing. \n        The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof  the  evidence  introduced  at  the  hearing and  contained  in  the  record conclusively  reveals  the \nclaimant has failed and/or refused to either request a hearing within the last six (6) months, and he \nhas taken no steps whatsoever to prosecute this claim. \n        Therefore,  after  a  thorough  consideration  of  the  facts,  issues,  the applicable  law, the \nrepresentations  of credible counsel, and  other relevant matters  of  record,  I  hereby  make  the \nfollowing: \n\nCruz A. Mendez, a/k/a Archibaldo Guzman, AWCC No. H304447 (inclusive of H304518) \n3 \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After  having been  mailed due  and  legal  notice  of the respondents’ letter MTD without \nprejudice filed with  the  Commission  on  August 14,  2024,  as  well  as notice  of the date, \ntime, and place of the subject hearing, the claimant failed and/or refused to respond in any \nway to the respondents’ letter MTD  and  failed  and/or  refused  to  appear at  the  hearing. \nTherefore, the claimant is deemed to have waived his right to a hearing on the respondents’ \nMTD. \n \n3. The claimant has not requested a hearing within the last six (6) months, and he has failed \nand/or refused to prosecute this claim. \n \n4. The respondents’ letter MTD without  prejudice  filed August 14,  2024,  should be  and \nhereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant \nto  the  deadlines  prescribed by Ark.  Code  Ann. Section  11-9-702(a)  and  (b),  and \nCommission Rule 099.13. \n \n        This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n        IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \n \n \n \n \n \nMP/mp \n \n \n\nCruz A. Mendez, a/k/a Archibaldo Guzman, AWCC No. H304447 (inclusive of H304518) \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304447 (inclusive of H304518) CRUZ A. MENDEZ, A/KA/ ARCHIBALDO GUZMAN, EMPLOYEE CLAIMANT WHISTLE LUMBER CO., INC., EMPLOYER RESPONDENT WESCO INS. CO./AMTRUST NORTH AMERICA, CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED NOVEMBER 26, 20...","fetched_at":"2026-05-19T22:46:55.196Z","links":{"html":"/opinions/alj-H304447-2024-11-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MENDEZ_CRUZ_H304447_20241126.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}