{"id":"alj-H304522-2024-03-27","awcc_number":"H304522","decision_date":"2024-03-27","opinion_type":"alj","claimant_name":"William Holmes","employer_name":"Conagra Foods","title":"HOLMES VS. CONAGRA FOODS AWCC# H304522 MARCH 27, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1","denied:1"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HOLMES_WILLIAM_H304522_20240327.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HOLMES_WILLIAM_H304522_20240327.pdf","text_length":2180,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H304522 \n \nWILLIAM HOLMES, Employee                                                                      CLAIMANT \n \nCONAGRA FOODS,  Employer                                                              RESPONDENT                                                        \n \nSEDGWICK CLAIMS MGT. SERVICES, Carrier/TPA                            RESPONDENT                                                              \n \n \n OPINION/ORDER FILED MARCH 27, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant represented by LAURA BETH YORK, Attorney, Little Rock, Arkansas; although \nnot appearing at hearing. \n \nRespondents represented by MELISSA WOOD, 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 In July 2023 claimant filed Form AR-C alleging a compensable injury to his right \nshoulder  on  approximately  June  16,  2023.    Respondent  has  denied  that  claim  in  its \nentirety.  No further action was taken to prosecute the claim; therefore, on January 23, \n2024 respondent filed a motion to dismiss the claim.   \n A hearing on respondent’s Motion to Dismiss was scheduled for March 18, 2024, \nand notice of the hearing was sent to claimant by certified mail.  Notice of the hearing was \ndelivered to claimant on February 20, 2024.  Claimant did not appear at the hearing.  In \nresponse  to  the  respondent’s  motion,  claimant’s  attorney  indicated  by  e-mail  dated \n\nHolmes – H304522 \n \n2 \n \nFebruary 2, 2024 that she had no objection to dismissal of the claim without prejudice. \n Accordingly, after my review of the respondent’s motion, the claimant’s response \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. H304522 WILLIAM HOLMES, Employee CLAIMANT CONAGRA FOODS, Employer RESPONDENT SEDGWICK CLAIMS MGT. SERVICES, Carrier/TPA RESPONDENT OPINION/ORDER FILED MARCH 27, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County,...","fetched_at":"2026-05-19T22:56:55.687Z","links":{"html":"/opinions/alj-H304522-2024-03-27","pdf":"https://labor.arkansas.gov/wp-content/uploads/HOLMES_WILLIAM_H304522_20240327.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}