{"id":"alj-H305786-2024-04-09","awcc_number":"H305786","decision_date":"2024-04-09","opinion_type":"alj","claimant_name":"Thomas Maness","employer_name":null,"title":"MANESS VS. ULTIMATE FORD, INC.AWCC# H305786April 9, 2024","outcome":"dismissed","outcome_keywords":["dismissed:12"],"injury_keywords":["strain"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MANESS_THOMAS_H305786_20240409.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MANESS_THOMAS_H305786_20240409.pdf","text_length":3216,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H305786 \n \nTHOMAS A. MANESS, EMPLOYEE        CLAIMANT \n \nULTIMATE FORD, INC., EMPLOYER               RESPONDENT \n \nRISK MANAGEMENT RESOURCES,  \nCARRIER / TPA               RESPONDENT \n            \nOPINION FILED APRIL 9, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on April 9, 2024. \n \nClaimant is represented by Mr. Mark Alan Peoples, Attorney-at-Law of Little Rock, \nArkansas, who waived his right of appearance as long as it was agreed that if the \nmatter was dismissed, it would be dismissed without prejudice. \n \nRespondents  are  represented  by Mr. Jarrod  S.  Parrish, Attorney-at-Law  of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on April  9, 2024, in Little  Rock, \nArkansas, on  respondents’ Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas  Code  Annotated §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant was represented by Mark Alan Peoples who waived his \nright of appearance as long as it was agreed that if the matter was dismissed, it would be \ndismissed without prejudice.  The claimant had filed a Form AR-C on November 27, 2023, \ncontending  that  he  had  injured his left thumb  and  hand.  The  First  Report  of  Injury in \nregard to this claim had been filed previously on September 1, 2023, stating that the claim \nconsisted of a contusion or strain.  The Form AR- 2 filed on September 15, 2023, provided \nthat the claim occurred on August 31, 2023, and that disability was continuous for the first \neight (8) days.   \n\nMANESS – H305786 \n \n2 \n \nThe claimant was represented by Mark Alan Peoples.   A Motion to Dismiss was \nfiled on March 13, 2024, requesting that the matter be dismissed for failure to prosecute \npursuant to Commission Rule 099.13 and Ark. Code Ann. §11-9-702.  The claimant has \nnot requested a hearing to date and more than six (6) months have passed since the filing \nof the original claim.  The claimant’s attorney waived his appearance if it was agreed that \nthe claim would be dismissed without prejudice.  \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for April 9, 2024, in Little Rock, Arkansas.  At the time of the \nhearing, Jarrod  S.  Parrish appeared  on  behalf  of  the respondents and asked  that  the \nmatter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  Ark. Code Ann. §11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H305786 THOMAS A. MANESS, EMPLOYEE CLAIMANT ULTIMATE FORD, INC., EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, CARRIER / TPA RESPONDENT OPINION FILED APRIL 9, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Ark...","fetched_at":"2026-05-19T22:55:12.898Z","links":{"html":"/opinions/alj-H305786-2024-04-09","pdf":"https://labor.arkansas.gov/wp-content/uploads/MANESS_THOMAS_H305786_20240409.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}