{"id":"alj-H304888-2025-12-09","awcc_number":"H304888","decision_date":"2025-12-09","opinion_type":"alj","claimant_name":"Roger Clark","employer_name":"Overhead Door Co, Inc","title":"CLARK VS. OVERHEAD DOOR CO, INC. AWCC# H304888 December 09, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CLARK_ROGER_H304888_20251209.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CLARK_ROGER_H304888_20251209.pdf","text_length":2915,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H304888 \n \nROGER CLARK, Employee CLAIMANT \n \nOVERHEAD DOOR CO, INC., Employer RESPONDENT \n \nAMTRUST NORTH AMERICA, Carrier RESPONDENT \n \n \n \n OPINION FILED DEEMBER 9, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas; although not \npresent at hearing. \n \nRespondents represented by WILLIAM C. FRYE, 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.  \n On May  16,  2024, Evelyn Brooks, the claimant’s attorney, filed  an  AR-C  requesting \nvarious compensation benefits in which the claimant alleges an injury to his right shoulder on or \nabout April 6, 2023. Also, on May 16, 2024, the claimant requested a change of physician, and \nthat  request  was  granted  by  a  Change  of  Physician  Order  dated  May  20,  2024.  Since  then, no \nfurther action was taken in this claim. \nOn August 25, 2025, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of  prosecution. A hearing  was scheduled  for October 28, 2025. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on September 3, \n2025. United States Postal Department records indicate that claimant received and signed for the \nnotice  on  September  6,  2025. Due  to  a  scheduling  error,  neither  Ms.  Brooks  nor  the  claimant \n\nClark – H304888 \n \n-2- \nappeared at the scheduled hearing. However, Ms. Brooks submitted an email response indicating \nthat the claimant objects to the dismissal of his claim because he is concerned about his need for \nadditional medical treatment and other benefits in the future. Ms. Brooks also indicated that there \nis currently no issue regarding benefits for the claimant. The claimant is not currently treating for \nhis compensable injury. As no issue exists at this time nor is there any ongoing treatment for the \nclaimant’s compensable injury, I find it proper to dismiss this matter without prejudice. \nPursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule  099.13),  the \nCommission may enter an order dismissing a claim for want of prosecution After a review of the \nrespondents’ Motion to Dismiss, the claimant’s lack of desire to pursue her claim, and her failure \nto appear at the scheduled hearing, as well as all other matters properly before the Commission, I \nfind  that  claimant  has  failed  to  prosecute  this  claim.  Therefore,  this  claim  is  dismissed  without \nprejudice. \n IT IS SO ORDERED. \n \n                                ____________________________                                               \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H304888 ROGER CLARK, Employee CLAIMANT OVERHEAD DOOR CO, INC., Employer RESPONDENT AMTRUST NORTH AMERICA, Carrier RESPONDENT OPINION FILED DEEMBER 9, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Claim...","fetched_at":"2026-05-19T22:33:28.608Z","links":{"html":"/opinions/alj-H304888-2025-12-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CLARK_ROGER_H304888_20251209.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}