{"id":"alj-H306079-2026-03-11","awcc_number":"H306079","decision_date":"2026-03-11","opinion_type":"alj","claimant_name":"Leonardo Diaz","employer_name":"Shepard Construction, Llcjc Quality Framing, Inc","title":"DIAZ VS. SHEPARD CONSTRUCTION, LLCJC QUALITY FRAMING, INC. AWCC# H306079 March 11, 2026","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DIAZ_LEONARDO_H306079_20260311.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DIAZ_LEONARDO_H306079_20260311.pdf","text_length":2329,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H306079 \n \nLEONARDO DIAZ, Employee CLAIMANT \n \nSHEPARD CONSTRUCTION, LLCJC QUALITY FRAMING, INC. RESPONDENT \n \nLM INS. CORP., Carrier RESPONDENT \n \n \n \n OPINION FILED MARCH 11, 2026 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by JASON M. RYBURN, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss.  \n On January  27,  2024,  the  claimant’s attorney, Mark  Peoples, filed  an  AR-C  requesting \nvarious  compensation  benefits  which alleged injuries to the claimant’s back,  ribs,  eye,  leg  and \ngroin on  or  about September  9,  2023. On November  8,  2024, Mr.  Peoples filed  a  Motion  to \nWithdraw  as  Counsel  and  that  motion  was  granted  by  the  Full  Commission  by  Order  filed \nNovember 22, 2024. No further action was taken on this claim. \nOn November  21,  2025,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim  be  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for February  17,  2026. \nNotice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on \nJanuary  7,  2026.  That  certified  mail  notice  was  returned  to  the  Commission  by  the  Post  Office \nwith a notation “Return to Sender. Unclaimed. Unable to Forward.”  \n\nDiaz – H306079 \n \n-2- \nPursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule  099.13),  the \nCommission may enter an order dismissing a claim for want of prosecution After a review of the \nrespondents’ Motion to Dismiss, the claimant’s lack of desire to pursue his claim, and his failure \nto appear at the scheduled hearing, as well as all other matters properly before the Commission, I \nfind  that  claimant  has  failed  to  prosecute  this  claim.  Therefore,  this  claim  is  dismissed  without \nprejudice. \n IT IS SO ORDERED. \n \n                                ____________________________                                               \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H306079 LEONARDO DIAZ, Employee CLAIMANT SHEPARD CONSTRUCTION, LLCJC QUALITY FRAMING, INC. RESPONDENT LM INS. CORP., Carrier RESPONDENT OPINION FILED MARCH 11, 2026 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arka...","fetched_at":"2026-05-19T22:30:43.121Z","links":{"html":"/opinions/alj-H306079-2026-03-11","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DIAZ_LEONARDO_H306079_20260311.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}