{"id":"alj-H304498-2024-05-15","awcc_number":"H304498","decision_date":"2024-05-15","opinion_type":"alj","claimant_name":"Francis Ralston","employer_name":null,"title":"RALSTON VS. TWIN RIVERS FOODS, INC.AWCC# H304498May 15, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:2"],"injury_keywords":["neck","shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RALSTON_FRANCIS_H304498_20240515.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RALSTON_FRANCIS_H304498_20240515.pdf","text_length":2349,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H304498 \n \nFRANCIS RALSTON,  Employee                                                           CLAIMANT \n \nTWIN RIVERS FOODS, INC., Employer                                                   RESPONDENT                                                        \n \nBRIDGEFIELD CASUALTY/SUMMIT, Carrier/TPA                                   RESPONDENT                                                                                         \n \n \n OPINION/ORDER FILED MAY 15, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by GUY ALTON WADE,  Attorney, Little Rock, Arkansas. \n \n \n \n OPINION/ORDER \n  \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n Respondent accepted a compensable injury to claimant’s head on March 30, 2023.  \nAttorney Eddie Walker, on behalf of claimant, filed Form AR-C in August 2023 alleging \nthat in addition to the injury to his head, claimant had also suffered a compensable injury \nto  his  neck  and  shoulder.    Respondent  attempted  to  obtain  discovery  of  the  claimant \nwhich  included  claimant’s  deposition.    Claimant  did  not  appear  at  the  deposition  and \nAttorney Walker subsequently filed a Motion to Withdraw as Counsel.  This motion was \ngranted by Order filed March 6, 2024.   \nRespondent filed a motion to dismiss this claim and a hearing was scheduled on \nthe respondent’s motion for May 6, 2024. Notice of the hearing was sent to claimant by \n\nRalston – H304498 \n \n2 \n \ncertified mail at his last known address.  This notice was returned by the Post Office as \n“unclaimed.”  Claimant  did  not  appear  at  the  hearing  and has  not  responded  to  the \nrespondent’s motion. \n After my  review of  the  respondent’s motion,  the  claimant’s  failure  to  respond \nthereto, and all other matters properly before the Commission, I find that respondent’s \nmotion to dismiss this claim should be and hereby is granted.  This dismissal is pursuant \nto Commission Rule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304498 FRANCIS RALSTON, Employee CLAIMANT TWIN RIVERS FOODS, INC., Employer RESPONDENT BRIDGEFIELD CASUALTY/SUMMIT, Carrier/TPA RESPONDENT OPINION/ORDER FILED MAY 15, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian ...","fetched_at":"2026-05-19T22:54:22.545Z","links":{"html":"/opinions/alj-H304498-2024-05-15","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RALSTON_FRANCIS_H304498_20240515.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}