{"id":"alj-H306984-2024-12-18","awcc_number":"H306984","decision_date":"2024-12-18","opinion_type":"alj","claimant_name":"James Smart","employer_name":"Signode Industrial Group Us, Inc","title":"SMART VS. SIGNODE INDUSTRIAL GROUP US, INC. AWCC# H306984 December 18, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SMART_JAMES_H306984_20241218.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SMART_JAMES_H306984_20241218.pdf","text_length":5782,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306984 \n \n \nJAMES R. SMART, \nEMPLOYEE CLAIMANT \n \nSIGNODE INDUSTRIAL GROUP US, INC., \nEMPLOYER RESPONDENT \n \nINDEMNITY INS. CO. OF N. AMERICA/ \nESIS, INC., \nCARRIER/TPA RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED DECEMBER 18, 2024 \n \nHearing conducted on Wednesday, December 18, 2024, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in \nLittle Rock, Pulaski County, Arkansas. \n \nThe claimant, Mr. James R. Smart, of Benton, Saline County, Arkansas, failed and/or refused to \nappear at the hearing. \n \nThe respondents were represented by the Honorable Eric Newkirk, Newkirk & Jones, Little Rock, \nPulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, December 18, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n On October 10, 2024, the respondents filed a motion to dismiss without prejudice and brief in \nsupport (MTD) requesting this claim be dismissed for lack of prosecution pursuant to the \naforementioned statute and Commission rule. In compliance with the applicable law the claimant \nwas provided due and legal notice of the respondents’ MTD, as well as the date, time, and location \n\nJames R. Smart, AWCC No. H306984 \n2 \n \nof the subject hearing. Thereafter, the claimant did not respond in writing to the respondents’ \nmotion in any way, and he failed and/or refused to appear at the subject hearing. \n The respondents’ MTD and brief in support thereof contains a thorough and accurate \nrecitation of all relevant facts. I hereby incorporate the respondents’ MTD and brief in support \nthereof as if set forth word-for-word herein. (RX1 at 1-7). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. (Hearing Transcript; RX1 at 11). \n \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof the evidence introduced at the hearing and contained in the record conclusively reveals the \nclaimant has failed and/or refused to either request a hearing within the last six (6) months, and he \nhas taken no steps whatsoever to prosecute this claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, the \nrepresentations of credible counsel, and other relevant matters of record, I hereby make the \nfollowing: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nand brief in support thereof filed with the Commission on October 10, 2024, as well as \nnotice of the date, time, and place of the subject hearing, the claimant failed and/or refused \n\nJames R. Smart, AWCC No. H306984 \n3 \n \nto respond in any way to the respondents’ letter MTD and failed and/or refused to appear \nat the hearing. Therefore, the claimant is deemed to have waived his right to a hearing on \nthe respondents’ MTD. \n \n3. The claimant has not requested a hearing within the last six (6) months, and he has failed \nand/or refused to prosecute this claim. \n \n4. Therefore, the respondents’ MTD without prejudice filed October 10, 2024, should be and \nhereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n \n____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nJames R. Smart, AWCC No. H306984 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306984 JAMES R. SMART, EMPLOYEE CLAIMANT SIGNODE INDUSTRIAL GROUP US, INC., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF N. AMERICA/ ESIS, INC., CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED DECEMBER 18, 2024","fetched_at":"2026-05-19T22:45:45.921Z","links":{"html":"/opinions/alj-H306984-2024-12-18","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SMART_JAMES_H306984_20241218.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}