{"id":"alj-H306859-2024-09-26","awcc_number":"H306859","decision_date":"2024-09-26","opinion_type":"alj","claimant_name":"Juan Hernandez","employer_name":"Hugo Precsision Heat & Air","title":"HERNANDEZ VS. HUGO PRECSISION HEAT & AIR AWCC# H306859 September 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HERNANDEZ_JUAN_H306859_20240926.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HERNANDEZ_JUAN_H306859_20240926.pdf","text_length":3059,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H306859 \n \nJUAN HERNANDEZ, EMPLOYEE       CLAIMANT \n \nHUGO PRECSISION HEAT & AIR, LLC, EMPLOYER        RESPONDENT \n \nTECHNOLOGY INSURANCE COMPANY/ \nAMTRUST NORTH AMERICA, CARRIER/TPA              RESPONDENT \n  \n \n \nOPINION FILED 26 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 25 September 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nThe Frye Law Firm, William C. Frye, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 25 September 2024. This case relates to an alleged workplace injury \nsustained on or about 25 September 2023. A Form AR-C then filed by the claimant on 20 \nOctober 2023, claiming injuries to his right upper extremity. A First Report of Injury was \nfiled by the respondents on 6 November 2023; and a Form AR-2 accepting the claim was \nfiled on or about the same day. On 7 November 2023, the Commission received a letter from \nthe respondents’ counsel indicating that benefits were being paid on the claim. \n On 31 July 2024, the respondents requested a dismissal of this matter under AWCC \nRule 099.13 for lack of prosecution. Letters providing notice of that motion and notice of the \nhearing were sent to the claimant, consistent with the Commission’s practice. I noted at the \nhearing that mailings from the Commission to claimants are sent via both First Class and \nCertified Mail with return receipts requested. Returned mail is regularly appended to the \n\nJ. HERNANDEZ- H306859 \n2 \n \nCommission’s file. The Commission’s file includes the return of the unclaimed Certified \nMailings, but no return of the First-Class mailings. \nThe respondents appeared on 25 September 2024, presented their motion, and \noffered supporting evidence into the record. See Exhibit No. 1. As argued by the \nrespondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of their motion. And the claimant did not appear at the \nhearing to resist the dismissal of this claim. According to counsel, the claimant has \nreturned to work without any apparent issue and seems to have abandoned his pursuit of \nthis claim. Counsel also noted that with a dismissal without prejudice, the claimant retains \nthe option to refile his claim through the expiration of the applicable limitations period. \n Our Rule 99.13 provides for a dismissal for failure to prosecute an action upon \napplication by either party. Based on the record, the available evidence, and the arguments \nof the respondents’ counsel, I find that the respondents’ Motion to Dismiss should be \ngranted and that the matter should be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H306859 JUAN HERNANDEZ, EMPLOYEE CLAIMANT HUGO PRECSISION HEAT & AIR, LLC, EMPLOYER RESPONDENT TECHNOLOGY INSURANCE COMPANY/ AMTRUST NORTH AMERICA, CARRIER/TPA RESPONDENT OPINION FILED 26 SEPTEMBER 2024 Heard before Arkansas Workers’ Compensation Commiss...","fetched_at":"2026-05-19T22:49:30.791Z","links":{"html":"/opinions/alj-H306859-2024-09-26","pdf":"https://labor.arkansas.gov/wp-content/uploads/HERNANDEZ_JUAN_H306859_20240926.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}