{"id":"alj-H304863-2024-04-26","awcc_number":"H304863","decision_date":"2024-04-26","opinion_type":"alj","claimant_name":"Carl Anderson","employer_name":null,"title":"ANDERSON VS. CENTRAL MALONEY, INC.AWCC# H304863April 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/ANDERSON_CARL_H304863_20240426.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ANDERSON_CARL_H304863_20240426.pdf","text_length":2890,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H304863 \n \nCARL ANDERSON, EMPLOYEE       CLAIMANT \n \nCENTRAL MALONEY, INC. EMPLOYER           RESPONDENT \n \nCENTRAL MALONEY, INC./ \nRISK MANAGEMENT RESOURCES, CARRIER/TPA        RESPONDENT \n  \n \n \nOPINION FILED 26 APRIL 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe, 24 April 2024, in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Guy Wade, Friday, Eldridge & Clark, LLP, 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 23 April 2024. This case relates to an alleged workplace injury, \nsustained on or about 19 July 2023, to the claimant’s left eye area. A First Report of Injury \nwas filed on 24 July 2023 and a Form 2 was filed shortly afterwards, on 2 August 2023, \ndenying the claim. A hearing was then requested by the claimant, via email to the \nCommission, on 11 August 2023. See Respondent’s Exhibit No 1. \n On 30 January 2024, the respondents requested a dismissal of this matter for failure \nto prosecute the claim. A letter from the Commission to the claimant communicating that \nmotion was dated 5 February 2024 and another letter setting a hearing on the motion was \ndated 27 March 2024. Copies of those letters are included in Respondent’s Exhibit No 1, and \nthe Commission’s file is absent any response from the claimant. I noted at the hearing that \nmailings from the Commission to claimants are sent via both First Class and Certified Mail \n\nC. Anderson- H304863 \n2 \n \nwith return receipts requested. Returned mail is regularly appended to the Commission’s \nfile. This claim file includes only a return of the February 5\nth\n Certified Letter that indicates \nits return as “unclaimed.”  \nThe respondents appeared on 24 April 2024, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of their \nmotion. And the claimant did not appear to resist the dismissal of this 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 H304863 CARL ANDERSON, EMPLOYEE CLAIMANT CENTRAL MALONEY, INC. EMPLOYER RESPONDENT CENTRAL MALONEY, INC./ RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED 26 APRIL 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administ...","fetched_at":"2026-05-19T22:55:42.521Z","links":{"html":"/opinions/alj-H304863-2024-04-26","pdf":"https://labor.arkansas.gov/wp-content/uploads/ANDERSON_CARL_H304863_20240426.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}