{"id":"alj-H305360-2024-06-13","awcc_number":"H305360","decision_date":"2024-06-13","opinion_type":"alj","claimant_name":"Derick Gardner","employer_name":null,"title":"GARDNER VS. PRODUCERS RICE MILLAWCC# H305360June 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GARDNER_DERICK_H305360_20240613.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GARDNER_DERICK_H305360_20240613.pdf","text_length":2722,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H305360 \n \nDERICK A. GARDNER, EMPLOYEE       CLAIMANT \n \nPRODUCERS RICE MILL, EMPLOYER           RESPONDENT \n \nFARMINGTON CASUALTY CO./THE TRAVELERS  \nINDEMNITY COMPANY, CARRIER/TPA               RESPONDENT \n  \n \n \nOPINION FILED 13 JUNE 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 13 June 2024 in Pine Bluff, 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 Pine \nBluff, Arkansas, on 13 June 2024. This case relates to an alleged workplace injury, \nsustained on or about 11 August 2023. A First Report of Injury was filed on 21 August 2023 \nand a Form 2 was filed the following day, denying the claim on statutory grounds.  \n On 24 January 2024, the respondents requested a dismissal of this matter for failure \nto prosecute the claim. See Exhibit No 1. A letter from the Commission to the claimant \ncommunicating that motion was dated 3 April 2024 and another letter setting a hearing on \nthe motion was dated 26 April 2024. The Commission’s file is absent any responsive \ncorrespondence from the claimant. I noted at the hearing that mailings from the \nCommission to claimants are sent via both First Class and Certified Mail with return \nreceipts requested. Returned mail is regularly appended to the Commission’s file. This \n\nD. GARDNER- H305360 \n2 \n \nclaim file includes only a return of the April 3\nrd\n Certified Letter that indicates its return as \n“unclaimed.”  \nThe respondents appeared on 13 June 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 at the hearing 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 H305360 DERICK A. GARDNER, EMPLOYEE CLAIMANT PRODUCERS RICE MILL, EMPLOYER RESPONDENT FARMINGTON CASUALTY CO./THE TRAVELERS INDEMNITY COMPANY, CARRIER/TPA RESPONDENT OPINION FILED 13 JUNE 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC)...","fetched_at":"2026-05-19T22:52:44.316Z","links":{"html":"/opinions/alj-H305360-2024-06-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/GARDNER_DERICK_H305360_20240613.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}