{"id":"alj-H304937-2024-05-07","awcc_number":"H304937","decision_date":"2024-05-07","opinion_type":"alj","claimant_name":"Brandon Biddle","employer_name":"Sequin Moreau Napa Cooperage","title":"BIDDLE VS. SEQUIN MOREAU NAPA COOPERAGE AWCC# H304937 May 7, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BIDDLE_BRANDON_H304937_20240507.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BIDDLE_BRANDON_H304937_20240507.pdf","text_length":5724,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304937 \n \nBRANDON J. BIDDLE, \nEMPLOYEE                                                                                                              CLAIMANT \n \nSEQUIN MOREAU NAPA COOPERAGE, \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nTRAVELERS INDEMNITY CO. OF CONNECTICUT/ \nTHE TRAVELERS CO. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED MAY 7, 2024 \n \nHearing conducted on Friday, May 3, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Hot Springs, \nGarland County, Arkansas. \n \nThe claimant, Mr. Brandon J. Biddle, pro se, of Malvern, Hot Spring County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Guy Alton Wade, Friday, Eldredge & Clark, \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n  A hearing was conducted on Friday, May 3, 2024, to determine whether this claim should \nbe  dismissed  for  lack  of  prosecution  pursuant  to Ark. Code  Ann. §  11-9-702(a)(4)  (2024 Lexis \nReplacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n The respondents  filed  a letter motion to  dismiss without  prejudice (MTD) with  the \nCommission on both January 3, 2024, and on March 12, 2024, requesting this claim be dismissed \nwithout prejudice for lack of prosecution. Consistent with the applicable Arkansas law, thereafter \nthe Commission mailed a copy of both the respondents’ MTD and the subject hearing notice to the \nclaimant via the United States Postal Service (USPS), Certified Mail, Return Receipt Requested, \nto his last known address of record with the Commission, which the claimant received on March \n\nBrandon J. Biddle, AWCC No. H304937 \n \n2 \n \n14,  2024,  and  March  29,  2024,  respectively. (Commission Exhibit 1; Respondents’ Exhibit 1). \nThereafter, the claimant failed and/or refused to respond in any way to either the Commission or \nto the  respondents; and  she  failed  and/or  refused to  appear  at  the  subject  hearing.  The  claimant \nnever objected in any way to the respondents’ MTD. The claimant had at one time been represented \nby counsel, Ms. Laura Beth York, of the Rainwater, Holt & Sexton law firm, but was pro se at the \ntime of the hearing date. (RX1; Reporters’ Hearing Transcript) \n The  record  herein  consists  of the  hearing  transcript  and  any  and  all exhibits  contained \ntherein and attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark.  App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted  a hearing on the respondents’ \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nclaimant has both failed and/or refused to prosecute his claim, and he has failed and/or refused to \nrequest a hearing within the last six (6) months. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2.        After the Commission mailed due and legal notice of both the respondents’ letter  \n                 MTD as well as a copy of the notice for the subject hearing to the claimant’s last \n                 known address of record with the Commission, the claimant failed and/or refused \n                 to respond to the MTD in any way; or to object to the subject MTD; or to request a \n                 hearing on the merits of his claim.  \n\nBrandon J. Biddle, AWCC No. H304937 \n \n3 \n \n \n            3.         Moreover, the claimant failed and/or refused to appear at the subject hearing and, \n                        therefore, has waived his right to a hearing on the MTD. \n \n      4.         The claimant has failed to request a hearing on the merits of his claim within the \n                   last six (6) months. \n \n 5. Therefore, the respondents’ aforementioned letter MTD(s) filed with the \n                  Commission should be and hereby is(are) GRANTED. \n      \n      6.         This claim is dismissed without prejudice to its refiling pursuant to the deadlines \n                  prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission Rule 099.13. \n \n This opinion  and  order  shall not be  construed  to  prohibit  the claimant, his attorney, any \nattorney he may retain in the future, or anyone acting legally and on his behalf from refiling this \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n The  respondents shall pay the court reporter’s invoice within twenty  (20) days  of their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                  Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304937 BRANDON J. BIDDLE, EMPLOYEE CLAIMANT SEQUIN MOREAU NAPA COOPERAGE, EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO. OF CONNECTICUT/ THE TRAVELERS CO. INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED MAY 7, 2024 Hearing conducte...","fetched_at":"2026-05-19T22:53:53.580Z","links":{"html":"/opinions/alj-H304937-2024-05-07","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BIDDLE_BRANDON_H304937_20240507.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}