{"id":"alj-H306244-2025-11-26","awcc_number":"H306244","decision_date":"2025-11-26","opinion_type":"alj","claimant_name":"James Newboles","employer_name":"Comcast Corporation","title":"NEWBOLES VS. COMCAST CORPORATION AWCC# H306244 November 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/NEWBOLES_JAMES_H306244_20251126.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NEWBOLES_JAMES_H306244_20251126.pdf","text_length":3575,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306244 \n \n \nJAMES NEWBOLES, EMPLOYEE      CLAIMANT \n \nCOMCAST CORPORATION,  \nEMPLOYER               RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA, \nINSURANCE CARRIER            RESPONDENT \n \nHELMANS MANAGEMENT SERVICES, LLC \nThird Party Administrator           RESPONDENT \n \n \nOPINION AND ORDER FILED NOVEMBER 26, 2025 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, was held on November 18, 2025. \nClaimant failed to appear. \nRespondents were represented by Rick Behring, Jr., of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 18\nth\n day of November, 2025, \nin Little  Rock,  Arkansas, on Respondent’s Motion to Dismiss  for  failure  to  prosecute \npursuant to Arkansas Code Ann. 11-9-702 and 11 C.A.R. 25-110(d) which was previously \nnamed Rule 099.13 of the Arkansas Workers’ Compensation Commission. The claimant \nwas pro se and failed to appear. The Respondents were represented by Rick Behring, Jr. \nof Little Rock, Arkansas. The Claimant had previously been represented by Laura Beth \nYork, who was allowed to withdraw by an Order of the Full Commission dated March 4, \n2025.  \n A Motion to Dismiss along with the Brief In Support was filed on September 15, \n2025, which provided that the Claimant had sustained compensable injuries that included \n\nNEWBOLES – H306244 \n2 \n \nthe  head,  right  shoulder  and  spine, from  a  specific  incident  on  or  about  September17, \n2023. As reflected in the AR-2, the respondents accepted the claim as compensable. The \nClaimant filed an AR-C, requesting benefits with the Commission and subsequently made \na hearing request. The Respondents have provided all appropriate benefits to date and \ncontinue to provide reasonable and necessary medical care, and the Claimant has been \nreleased  from  care,  returned  to  work,  and  received  the  appropriate  permanent  partial \ndisability benefits. The Claimant has not taken any recent action to prosecute the claim, \nand it has been more than six months since the Claimant has filed his AR-C or requested \na hearing. \n The Motion to Dismiss along with a Brief in Support of the Motion requested that \nthe  matter  be  dismissed  without  prejudice  pursuant  to Arkansas  Code  Ann.  11-9-\n702(a)(4), 11-9-702(d), and 11 C.A.R. 25 110(d) of the Arkansas Workers’ Compensation \nCommission for failure to prosecute. No response was filed by the Claimant in regard to \nthe motion.     \n After proper notice, a hearing was held on November 18, 2025, and the Claimant \nfailed to appear. The Respondents were represented by Rick Behring, Jr., who requested \nthat the matter be dismissed pursuant to 11 C.A.R. 25 110(d) of the Arkansas Workers’ \nCompensation Commission and the provisions of Arkansas Code Ann. 11-9-702.   \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion  to  Dismiss without  prejudice pursuant  to 11  C.A.R.  110(d) of  the  Arkansas \nWorkers’ Compensation Commission and  A.C.A.  11-9-702, based  upon  the  Claimant \n\nNEWBOLES – H306244 \n3 \n \nhaving failed to request a hearing within six months of filing the Form AR-C and following \nthe request by the Respondents to dismiss the claim for want of prosecution.    \n IT IS SO ORDERED. \n \n \n \n      ____________________________ \n                JAMES D. KENNEDY \n                ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306244 JAMES NEWBOLES, EMPLOYEE CLAIMANT COMCAST CORPORATION, EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA, INSURANCE CARRIER RESPONDENT HELMANS MANAGEMENT SERVICES, LLC Third Party Administrator RESPONDENT OPINION AND ORDER FILED NOVEMBER 26, 2...","fetched_at":"2026-05-19T22:35:00.799Z","links":{"html":"/opinions/alj-H306244-2025-11-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/NEWBOLES_JAMES_H306244_20251126.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}