{"id":"alj-H306909-2025-08-20","awcc_number":"H306909","decision_date":"2025-08-20","opinion_type":"alj","claimant_name":"Robert Grinstead","employer_name":"Cadence Intermediate Ii, LLC","title":"GRINSTEAD VS. CADENCE INTERMEDIATE II, LLC AWCC# H306909 August 20, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GRINSTEAD_ROBERT_H306909_20250820.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GRINSTEAD_ROBERT_H306909_20250820.pdf","text_length":3444,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H306909 \n \nROBERT GRINSTEAD, EMPLOYEE        CLAIMANT \n \nCADENCE INTERMEDIATE II, LLC, EMPLOYER                             RESPONDENT \n \nFEDERATED MUTUAL INSURANCE,  \nCARRIER               RESPONDENT \n \n \nOPINION FILED 20 AUGUST 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 3 July 2025 in Pine Bluff, Arkansas. \n \nThe pro se claimant did not appear. \n \nNewkirk & Jones, Mr. Eric Newkirk, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n This case relates to an alleged workplace injury occurring on 11 October 2023. A \nhearing on the respondents’ Motion to Dismiss was held on this matter in Pine Bluff, \nArkansas, on 3 July 2025. The record from the hearing consists of the hearing transcript; \nRespondents’ Exhibit No 1, which consists of their motion, forms, other filings, and \ncorrespondence; and Commission’s Exhibit No 1, which consists of proof of delivery receipts, \nthe claimant’s Form AR-C, and a letter from the claimant asking that his claim be \ndismissed. \nThe claimant, through then-counsel, filed a Form AR-C seeking initial benefits on 13 \nDecember 2023. Counsel eventually sought leave to withdraw her representation, and the \nFull Commission approved that request on 3 October 2024. The respondents filed the \nimmediate motion on 22 May 2025 seeking a dismissal under 11 C.A.R. § 25-110(d) \n(formerly Commission Rule 099.13) and/or A.C.A. § 11-9-702.  \n\nGRINSTEAD- H306909 \n2 \n \nNotice of the respondents’ motion was sent to the claimant, consistent with \nCommission practices, via First Class Mail and Certified Mail, to the address provided on \nthe Form AR-C. On 6 June 2025, the claimant filed a letter with the Commission stating \nthat he would like for his claim to be dismissed. A hearing on the motion was set. \nConsistent with his intention that the claim be dismissed, the claimant did not appear at \nthe hearing to argue against the respondents’ motion. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on that motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute his \nclaim under 11 C.A.R. § 25-110(d). \n \n4. The Motion to Dismiss is hereby granted; this claim for initial benefits is \ndismissed without prejudice under 11 C.A.R. § 25-110(d). \n \nDISCUSSION \nThe respondents appeared on 3 July 2025 and presented their motion. As argued by \nthe respondents at the hearing, Commission Rule 099.13 (now 11 C.A.R. § 25-110(d)) \nprovides for a dismissal for failure to prosecute an action upon application by either party \nand reasonable notice. The record supports the respondents’ request for a dismissal without \nprejudice; and the claimant filed a response to the motion stating that he did not object to \nthe dismissal of his claim. A dismissal without prejudice is, therefore, appropriate. \n \n \n \n\nGRINSTEAD- H306909 \n3 \n \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 H306909 ROBERT GRINSTEAD, EMPLOYEE CLAIMANT CADENCE INTERMEDIATE II, LLC, EMPLOYER RESPONDENT FEDERATED MUTUAL INSURANCE, CARRIER RESPONDENT OPINION FILED 20 AUGUST 2025 Heard before Arkansas Workers’ Compensation Commission (“the Commission”) Administra...","fetched_at":"2026-05-19T22:37:49.976Z","links":{"html":"/opinions/alj-H306909-2025-08-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GRINSTEAD_ROBERT_H306909_20250820.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}