{"id":"alj-H306575-2024-07-09","awcc_number":"H306575","decision_date":"2024-07-09","opinion_type":"alj","claimant_name":"Presley Adams","employer_name":null,"title":"ADAMS VS. PINNACLE PROP. MGMT SERVICESAWCC# H306575July 9, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/ADAMS_PRESLEY_H306575_20240709.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ADAMS_PRESLEY_H306575_20240709.pdf","text_length":2687,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H306575 \n \nPRESLEY ADAMS, EMPLOYEE     CLAIMANT \n \nPINNACLE PROP. MGMT SERVICES, EMPLOYER  RESPONDENT \n \nFARMINGTON CASUALTY COMPANY, TPA/CARRIER RESPONDENT \n \n           \n \n \nOPINION FILED JULY 9, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on June 25, 2024. \n \nClaimant is Pro Se and appeared on his own behalf. \n \nRespondents are represented by their attorney, Guy Alton Wade, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on June 25, 2024, in Little Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to A.C.A. \n11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The claimant \nwas pro se and appeared on his own behalf and objected to the dismissal of his claim. \n\nThe claimant contended in his testimony that he had responded to various \ncorrespondence from the Commission, but in a review of the file, there was no record of \na significant portion of the claimed correspondence from the claimant to the \nCommission and it was also noted that the claimant’s address with the Commission was \nin fact his mailing address.  A Motion to Dismiss request by letter had been filed on May \n12, 2024, but there appeared to be no written response filed by the claimant of record.      \n Appropriate notice was provided to the claimant who did appear timely at the \ntime of the hearing on the Motion to Dismiss on June 25, 2024, in Little Rock, Arkansas.    \nAt the time of the hearing, Guy Alton Wade appeared on behalf of the Respondents and \nasked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, as well testimony by the claimant, it is found that the Motion to Dismiss \nis hereby denied at this time.  The Claimant shall be responsible for the timely filing of a \nresponse to discovery and other documents in regard to the pursuit of his claim and is \nfurther instructed that it would be in his best interest to obtain the assistance of an \nattorney.  If he is unable to obtain representation, he is instructed that he should contact \nthe Legal Advisor Division of the Arkansas Workers’ Compensation Commission. \nORDER \n Pursuant to the above statement of the case, it is determined that there is no \nalternative but to deny the Motion to Dismiss at this time. \n \n\nIT IS SO ORDERED: \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306575 PRESLEY ADAMS, EMPLOYEE CLAIMANT PINNACLE PROP. MGMT SERVICES, EMPLOYER RESPONDENT FARMINGTON CASUALTY COMPANY, TPA/CARRIER RESPONDENT OPINION FILED JULY 9, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on J...","fetched_at":"2026-05-19T22:50:57.343Z","links":{"html":"/opinions/alj-H306575-2024-07-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/ADAMS_PRESLEY_H306575_20240709.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}