{"id":"alj-H304971-2024-08-22","awcc_number":"H304971","decision_date":"2024-08-22","opinion_type":"alj","claimant_name":"Waylon Johnson","employer_name":"Hale Trailer Brake & Wheel, Inc","title":"JOHNSON VS. HALE TRAILER BRAKE & WHEEL, INC. AWCC# H304971 August 22, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/JOHNSON_WAYLON_H304971_20240822.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOHNSON_WAYLON_H304971_20240822.pdf","text_length":6012,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304971 \n \nWAYLON D. JOHNSON,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nHALE TRAILER BRAKE & WHEEL, INC.,  \nEMPLOYER                                                                                                         RESPONDENT  \n \nZURICH AMERICAN INS. CO./ \nGALLAGHER BASSETT SERVICES, INC. \nCARRIER/TPA                                                                                                    RESPONDENT                    \n                                                                                                                     \n \n \nORDER TO DISMISS WITHOUT PREJUDICE \nFILED AUGUST 22, 2024 \n \nHearing conducted on Wednesday, August 20, 2024, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Mr. Waylon D. Johnson, pro se, of North Little Rock, Pulaski County, Arkansas, \nfailed and/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable David C. Jones, Newkirk & Jones, Little \nRock, Pulaski County, Arkansas.  \n \n \n \nSTATEMENT OF THE CASE \n \n          A hearing was conducted on Wednesday, August 20, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024) \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n        On June 18, 2024, the respondents filed with the Commission a motion to dismiss this claim \nwithout prejudice and brief in support of their motion (MTD) based on the aforementioned statute \nand Commission rule. (Respondents’ Exhibits 1 and 2). Pursuant to the applicable law the claimant \nwas provided due and legal notice of both the respondents’ MTD, as well as notice of the subject \n\nWaylon D. Johnson, AWCC No. H304971 \n2 \n \nhearing to his last known of address on record with the Commission via the United States Postal \nService (USPS), Certified Mail, Return Receipt Requested, which the claimant received on June \n22, 2024. (Commission Exhibit 1). Thereafter, the claimant failed and/or refused to respond to the \nsubject MTD, and he failed and/or refused to appear at the subject hearing.  \n        It  should  be  noted  the  claimant  previously  had  been  represented  by  attorney  Mark  Alan \nPeoples;  however,  by  Full  Commission  order  filed  February  8,  2024,  the  Full  Commission \nunanimously granted Attorney Peoples’s motion to withdraw as the claimant’s attorney. (RX1 at \n2).  \n        I hereby incorporate by reference the facts contained in the respondents’ MTD as set forth \nword-for-word herein. (RX1 & 2). \n        The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \n \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office,  87  Ark.  App.  379,  192 \nS.W.3d  287  (Ark.  App.  2004),  the  Commission  scheduled  and  conducted  a  hearing  on the \nrespondents’ MTD. Rather  than  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has to date failed and/or refused to prosecute his claim at this time. \n        Therefore, after a thorough consideration of the applicable law as applied to the facts of this \nclaim, the issues, and other relevant matters of record, as well as the representations of credible \ncounsel I hereby make the following: \n\nWaylon D. Johnson, AWCC No. H304971 \n3 \n \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 the respondents’ MTD \n                  filed June 18, 2024, to the claimant’s last known address of record with the \n                  Commission, the claimant failed and/or refused to respond to the motion in any \n                  way; failed and/or refused to object to the subject MTD; and failed and/or refused \n                  to request a hearing on his subject claim. \n \n            3.         The claimant failed and/or refused to appear at the subject hearing and, therefore, \n                        has waived his right to a hearing on the respondents’ subject MTD. \n \n      4.         The claimant has failed to request a hearing on this claim within the last six (6) \n                   months.  \n \n 5. The respondents’ MTD without prejudice filed with the Commission on June 18, \n                  2024, should be and hereby is GRANTED. \n      \n      6.          Therefore, this claim hereby is dismissed without prejudice subject to the applicable \n                 deadline(s) prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n                 Rule 099.13. \n \n \n        This opinion shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling this claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n       The respondents shall pay the court reporter’s invoice within twenty (20) days of their receipt \nthereof. \n        IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \n \nMP/mp \n\nWaylon D. Johnson, AWCC No. H304971 \n4 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304971 WAYLON D. JOHNSON, EMPLOYEE CLAIMANT HALE TRAILER BRAKE & WHEEL, INC., EMPLOYER RESPONDENT ZURICH AMERICAN INS. CO./ GALLAGHER BASSETT SERVICES, INC. CARRIER/TPA RESPONDENT ORDER TO DISMISS WITHOUT PREJUDICE FILED AUGUST 22, 2024","fetched_at":"2026-05-19T22:50:27.884Z","links":{"html":"/opinions/alj-H304971-2024-08-22","pdf":"https://labor.arkansas.gov/wp-content/uploads/JOHNSON_WAYLON_H304971_20240822.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}