{"id":"alj-H304560-2024-06-11","awcc_number":"H304560","decision_date":"2024-06-11","opinion_type":"alj","claimant_name":"Patrick Drake","employer_name":"Pig Trail Harley Davidson","title":"DRAKE VS. PIG TRAIL HARLEY DAVIDSON AWCC# H304560 June 11, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2","denied:1"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DRAKE_PATRICK_H304560_20240611.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DRAKE_PATRICK_H304560_20240611.pdf","text_length":2971,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H304560 \n \nPATRICK DRAKE, Employee      CLAIMANT \n \nPIG TRAIL HARLEY DAVIDSON, Employer    RESPONDENT \n \nSUMMIT CONSULTING, LLC, Carrier/TPA     RESPONDENT \n \n \n OPINION FILED JUNE 11, 2024  \n \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by GUY ALTON WADE, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn July  19,  2023,  the claimant filed  an  AR-C  requesting  various  compensation  benefits \nin which he alleged injuries to his back on or about October 21, 2022. The claim was denied in \nits entirety.  \nThe  claimant,  through  his  attorney,  Mark  Peoples,  requested  a  hearing  on  September  5, \n2023. A prehearing conference was held on November 6, 2023, and a hearing was scheduled for \nJanuary 30, 2024. On December 4, 2023, Mr. Peoples withdrew the claimant’s hearing request, \nand  filed  a  Motion  to  Withdraw  as  Counsel.  The  Full  Commission  granted  the  motion  on \nDecember 5, 2023. No further action was taken regarding this claim. \n On December  29,  2023,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim  be  dismissed  for  lack  of  prosecution. The  respondents  mailed  the  claimant  a  copy  of  the \n\nDrake – H304560 \n \n-2- \nMotion  to  Dismiss  and  received  no  response  from  the  claimant.  A  hearing  was  scheduled  for \nApril 23,  2024.  Notice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt \nrequested  on March  4,  2024. United  States  Postal  Department  records  indicate  that  claimant \nreceived  and  signed  for  the  notice  on March 6,  2024.  Despite  having  received  notice  of  the \nscheduled  hearing,  the  claimant  failed  to  appear  at  the  hearing  and  has  failed  to  respond  to  the \nmotion in any form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H304560 PATRICK DRAKE, Employee CLAIMANT PIG TRAIL HARLEY DAVIDSON, Employer RESPONDENT SUMMIT CONSULTING, LLC, Carrier/TPA RESPONDENT OPINION FILED JUNE 11, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Ar...","fetched_at":"2026-05-19T22:52:38.008Z","links":{"html":"/opinions/alj-H304560-2024-06-11","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DRAKE_PATRICK_H304560_20240611.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}