{"id":"alj-H306533-2024-07-10","awcc_number":"H306533","decision_date":"2024-07-10","opinion_type":"alj","claimant_name":"Jared Goff","employer_name":null,"title":"GOFF VS. JOHN WRIGHT CONSTRUCTION CO. INC.AWCC# H306533July 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Goff_Jared_H306533_20240710.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Goff_Jared_H306533_20240710.pdf","text_length":7118,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H306533 \n \nJARED L. GOFF, \nEMPLOYEE                                                                                                              CLAIMANT \n \nJOHN WRIGHT CONSTRUCTION CO. INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nCONSTRUCTION WASTE MGMT, \nUNINSURED/EMPLOYER                                                                                RESPONDENT  \n \nALLIED EASTERN INDEMNITY CO., \nCARRIER/TPA (FOR JOHN WRIGHT CONSTRUCTION CO. INC.)       RESPONDENT \n \n \nOPINION FILED JULY 10, 2024 \n \nHearing conducted on Wednesday, June 9,  2024, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Mr. Jared L. Goff, pro se, of Bella Vista, Arkansas, did not appear in person at the \nhearing.  \n \nThe Respondents  were  represented  by  the Honorable Scott  Zuerker and  Erin  Rambo for  John \nWright  Construction  Company,  Fort  Smith,  Arkansas,  and the Honorable  William  Frye  for \nConstruction Waste Management (Uninsured), North Little Rock, Arkansas. \n \n \nBACKGROUND \n \n  This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  by  Respondents.  A \nhearing was conducted on July 9, 2024, in Little Rock, Arkansas. No testimony was taken in the \ncase. Claimant, who according to Commission records is pro se, failed to appear at the hearing. \nAdmitted  into  evidence by  Respondent/Employer,  Construction  Waste  Management (“CWM”), \nwas Respondent  Exhibit  1, Form  AR-C, consisting of one page. Respondent/Employer,  John \nWright Construction Company, Inc. (“JWC”), presented no exhibits. I  have  also  blue-backed \n\nGOFF, AWCC No. H306533 \n \n2 \n \nForms AR-1 (for both JWC and CWM), Form AR-2 (for both JWC and CWM), and AR-C (for \nJWC), and certified return receipt dated June 14, 2024, as discussed infra. \nThe record reflects on October 5, 2023, a Form AR-1 was filed naming JWC as Claimant’s \nemployer and his job title was driver. Respondents filed Form AR-2, denying the claim on October \n5, 2023. On October 27, 2023, a Form AR-C was filed by Claimant’s then-attorney, Mark Peoples, \nreflecting that he purportedly injured his lungs inhaling chemicals, asbestos, on August 4, 2023. \nThis  claim  was  filed  against  Respondent/Employer JWC. Another  Form  AR-1  was  filed  on \nNovember 3, 2023, purporting that Claimant was operating a grapple truck and loading demolition \ndebris that caused shortness of breath and tiredness. This form states that CWM was the employer, \nand his position title was driver. Respondent/Employer CWM filed a Form AR-2 on November 3, \n2023, denying compensability. Claimant filed a Form AR-C on October 19, 2023, purporting that \nhe  sustained  injuries  to  his  lung  through  inhalation  of  asbestos. Both  employers  in  this  opinion \nhave the same owner. However, CWM does not have workers’ compensation insurance.  \nOn January 12, 2024, Claimant’s counsel, Mark Peoples, filed a Motion to Withdraw as \ncounsel. This motion was granted on February 12, 2024. Respondent’s counsel for JWC next filed \na  Motion  to  Dismiss  on April 29,  2024. Respondent’s counsel for CWM also filed a Motion to \nDismiss on April 30, 2024. The bases for both motions were a lack of prosecution by the Claimant. \nClaimant was sent notice of the Motion to Dismiss certified and regular First-Class Mail on May \n2, 2024. The Claimant did not claim the certified notice on May 17, 2024. However, the notice \nsent out regular First-Class Mail was not returned to the Commission. The Claimant had twenty \ndays to respond to the Motion to Dismiss. The Claimant did not respond to the Motion to Dismiss.  \nTherefore, in accordance with applicable Arkansas law, the Claimant was mailed due and \nproper  legal  notice  of the  hearing  date via  the  United  States  Postal  Service  (USPS),  First  Class \n\nGOFF, AWCC No. H306533 \n \n3 \n \nCertified Mail, Return Receipt Requested, and regular First-Class Mail. The certified notice was \nserved on June 14, 2024. Likewise, the regular First-Class mail hearing notice was not returned to \nthe   Commission. The   hearing   took place on July   9,   2024. During   oral   arguments, \nRespondent/Employers JWC and CWM asked for AWCC Rule 099.13 to be applied to this claim. \nAnd as previously mentioned, the Claimant did not show up to the hearing. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and the \nevidentiary record, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had reasonable notice  of  the July  9,  2024 \nhearing. \n \n3. Respondents  have  proven  by  a  preponderance  of  the  evidence  that Claimant  has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \n Consistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith proper notice, on  the Respondents’ Motion  to Dismiss. Commission  Exhibit  1  provides a \nCertified  U.S.  Mail  Return  Receipt dated  June  14,  2024, and demonstrates  that  Claimant  was \nserved  with  notice  of  the  Motion  to  Dismiss  hearing  date. Respondents’ counsel for  JWC  and \nCWM  were at  the  hearing  and  argued  their motion. Thus, I  find  by  the  preponderance  of  the \nevidence that reasonable notice was given to all parties.  \n\nGOFF, AWCC No. H306533 \n \n4 \n \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant filed his Form AR-C against \nCWM on October 19, 2023. The Claimant filed his Form AR-C against JWC on October 27, 2023. \nSince  Forms  AR-C  were  filed,  Claimant  has  failed  to  request  a  hearing. Moreover,  despite \nreceiving the  hearing  notice  for  the  Motion  to  Dismiss,  Claimant also failed  to  appear.  The \nClaimant has clearly abandoned his claim by not doing the bare minimum in prosecuting his claim. \nTherefore, I do find by the preponderance of the evidence that Claimant has failed to prosecute his \nclaim by failing to request a hearing. Thus, Respondents’ Motion to Dismiss should be granted. \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is granted, without prejudice. \n \n      IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H306533 JARED L. GOFF, EMPLOYEE CLAIMANT JOHN WRIGHT CONSTRUCTION CO. INC., EMPLOYER RESPONDENT CONSTRUCTION WASTE MGMT, UNINSURED/EMPLOYER RESPONDENT ALLIED EASTERN INDEMNITY CO., CARRIER/TPA (FOR JOHN WRIGHT CONSTRUCTION CO. INC.) RESPONDENT OPINION FILED J...","fetched_at":"2026-05-19T22:51:03.623Z","links":{"html":"/opinions/alj-H306533-2024-07-10","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Goff_Jared_H306533_20240710.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}