{"id":"alj-H305676-2024-12-19","awcc_number":"H305676","decision_date":"2024-12-19","opinion_type":"alj","claimant_name":"Cedric Mitchell","employer_name":"Hollowell Industries, LLC","title":"MITCHELL VS. HOLLOWELL INDUSTRIES, LLC. AWCC# H305676 December 19, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MITCHELL_CEDRIC_H305676_20241219.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MITCHELL_CEDRIC_H305676_20241219.pdf","text_length":2845,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H305676 \n \nCEDRIC MITCHELL, EMPLOYEE                 CLAIMANT \n \nHOLLOWELL INDUSTRIES, LLC., EMPLOYER          RESPONDENT \n \nBRIDGEFIELD CASUALTY INS. CO, CARRIER/ \nSUMMIT CONSULTING, LLC, TPA           RESPONDENT \n  \n \n \nOPINION FILED 19 DECEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 19 December 2024 in Helena-West Helena, Arkansas. \n \nThe pro se claimant did not appear. \n \nThe Ryburn Law Firm, Mr. Jason Ryburn, appeared on behalf of the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Helena-\nWest Helena, Arkansas, on 19 December 2024. This case relates to an alleged workplace \ninjury sustained on or about 24 August 2023. The claimant filed a Form AR-C on 27 \nSeptember 2023 alleging injuries to multiple body parts. A First Report of Injury was filed \non 1 September 2023, and a Form AR-2 was filed on 5 September 2023 denying the claim.  \n On 3 October 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’s filing was dated 4 October 2024, and another letter setting a hearing on the \nmotion was dated 4 November 2024. Those letters provide notice that the claimant was not \nrequired to appear if he did not object to the dismissal of the claim.  \nI noted at the hearing that mailings from the Commission to claimants are sent via \nboth First Class and Certified Mail with return receipts requested. Returned mail is \n\nC. MITCHELL- H305676 \n2 \n \nregularly appended to the Commission’s file. This claim file does not include any returned \nor undeliverable mailings. \nThe respondents appeared on 19 December 2024, presented their motion, and \noffered supporting evidence into the record. See Exhibit No 1. As argued by the respondents \nat the hearing, the file reflects no request for a hearing on a claim in the relevant time \npreceding the filing of their motion. And the claimant did not appear to resist the dismissal \nof 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 H305676 CEDRIC MITCHELL, EMPLOYEE CLAIMANT HOLLOWELL INDUSTRIES, LLC., EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INS. CO, CARRIER/ SUMMIT CONSULTING, LLC, TPA RESPONDENT OPINION FILED 19 DECEMBER 2024 Heard before Arkansas Workers’ Compensation Commission...","fetched_at":"2026-05-19T22:45:50.042Z","links":{"html":"/opinions/alj-H305676-2024-12-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MITCHELL_CEDRIC_H305676_20241219.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}