{"id":"alj-H305791-2025-09-24","awcc_number":"H305791","decision_date":"2025-09-24","opinion_type":"alj","claimant_name":"Calvin Jeanlewis","employer_name":"Prime Industrial Recruiters, Inc","title":"JEANLEWIS VS. PRIME INDUSTRIAL RECRUITERS, INC. AWCC# H305791 September 24, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JEANLEWIS_CALVIN_H305791_20250924.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JEANLEWIS_CALVIN_H305791_20250924.pdf","text_length":5123,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H305791 \n \n \nCALVIN D. JEANLEWIS, \nEMPLOYEE CLAIMANT \n \nPRIME INDUSTRIAL RECRUITERS, INC., \nEMPLOYER RESPONDENT \n \nZURICH AMERICAN INS. CO./ \nTHE ZURICH SERVICES CORP., \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION FILED SEPTEMBER 24, 2025, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Tuesday, September 23, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Calvin D. JeanLewis, pro se, failed and/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Michael C. Stiles, Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, September 23, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly cited \nas Commission Rule 099.13 (2025 Lexis Replacement)). \n The respondents filed a motion to dismiss this claim without prejudice for lack of prosecution \nand brief in support thereof (MTD) on July 22, 2025. (Respondents’ Exhibit 1 at 2-9). In \naccordance with the applicable law the claimant was provided due and legal notice of both the \n\nCalvin D. JeanLewis, AWCC No. H305791 \n2 \n \nrespondents’ MTD as well as the date, time, and place of the subject hearing. (Commission Exhibit \n1; RX1 at 10). Thereafter, the claimant failed and/or refused to respond to the respondents’ motion \nin any way, or to appear at the subject hearing. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 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 failed and/or refused to either actively prosecute his claim, or to request a \nhearing in the last six (6) months. \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having received due and legal notice of both the respondents’ MTD without prejudice \nfiled with the Commission on July 22, 2025, as well as due and legal notice of the date, \ntime, and place of the subject hearing, the claimant failed and/or refused to respond to the \nMTD in any way and failed and/or refused to appear at the subject hearing. \n \n3. The claimant has not requested a hearing within the last six (6) months and has taken no \nsteps to raise any issues related to or to prosecute this claim. \n \n\nCalvin D. JeanLewis, AWCC No. H305791 \n3 \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD \nwithout prejudice filed July 22, 2025, should be and hereby is GRANTED; and this claim \nis dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. \nCode Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) (formerly cited as \nCommission Rule 099.13). \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt 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 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n\nCalvin D. JeanLewis, AWCC No. H305791 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H305791 CALVIN D. JEANLEWIS, EMPLOYEE CLAIMANT PRIME INDUSTRIAL RECRUITERS, INC., EMPLOYER RESPONDENT ZURICH AMERICAN INS. CO./ THE ZURICH SERVICES CORP., CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 24, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WIT...","fetched_at":"2026-05-19T22:36:41.089Z","links":{"html":"/opinions/alj-H305791-2025-09-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JEANLEWIS_CALVIN_H305791_20250924.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}