{"id":"alj-H307855-2024-08-16","awcc_number":"H307855","decision_date":"2024-08-16","opinion_type":"alj","claimant_name":"Geoffrey Erwin","employer_name":"Amazon.Com Services, LLC","title":"ERWIN VS. AMAZON.COM SERVICES, LLC AWCC# H307855 August 16, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/ERWIN_GEOFFREY_H307855_20240816.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ERWIN_GEOFFREY_H307855_20240816.pdf","text_length":5989,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H307855 \n \nGEOFFREY ERWIN, \nEMPLOYEE                                                                                                              CLAIMANT \n \nAMAZON.COM SERVICES, LLC, \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nZURICH AMERICAN INS. CO./ \nSEDGWICK CLAIMS MG’T SERVICES, INC. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED AUGUST 16, 2024 \n \nHearing conducted on Wednesday, August 14, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Geoffrey Erwin, pro se, of Pine Bluff, Jefferson County, Arkansas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable Rick Behring, Jr., Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing was  conducted  on Wednesday,  August  14, 2024, to  determine  whether this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2024 Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n The respondents  filed  a motion to  dismiss without  prejudice and  incorporated  brief  in \nsupport thereof (MTD) with the Commission on June 18, 2024, requesting this claim be dismissed \nwithout prejudice for lack of prosecution. Consistent with the applicable Arkansas law, by letter \ndated June 20, 2024, the Commission mailed a copy of both the respondents’ MTD, and the subject \nhearing  notice via  the  United  States  Postal  Service  (USPS),  Certified  Mail,  Return  Receipt \n\nGeoffrey Erwin, AWCC No. H307855 \n \n2 \n \nRequested, to the claimant’s last known address of record with the Commission which the claimant \nreceived on June 22, 2024. (See blue-backed Commission Exhibit 1; Respondents’ Exhibit 1 at 6-\n12). Thereafter, the claimant failed and/or refused to respond in any way to either the Commission \nor to the respondents; and he failed and/or refused to appear at the subject hearing. The claimant \nnever objected in any way to the respondents’ MTD. \n          It should be noted the claimant was represented by counsel at the time this claim was filed \non  his  behalf;  however,  by an  order  filed  May  23,  2024, the  Full  Commission  granted  the \nclaimant’s attorney’s motion to withdraw as counsel. (RX1 at 4-5).  \n          I hereby incorporate the facts stated in the respondents’ MTD filed June 18, 2024, as though \nthey  were  set  forth  word-for-word  herein. (RX1  at  6-10;  12). The  record  herein  consists  of the \nhearing transcript and any and all exhibits contained therein and attached thereto. \n \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement), as well as \nour court of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d  287  (Ark.  App.  2004),  the Commission  scheduled  and  conducted  a  hearing  on the \nrespondents’ MTD. Rather  than  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \ndemonstrates the claimant has both failed and/or refused to prosecute this claim, and he has failed \nand/or refused to request a hearing within the last six (6) months on his claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \n\nGeoffrey Erwin, AWCC No. H307855 \n \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of the respondents’ MTD \n                  filed June 18, 2024, to the claimant’s last known address of record with the \n                  Commission, the claimant failed and/or refused to respond to the motion in any \n                  way; failed and/or refused to object to the subject MTD; and failed and/or refused \n                  to request a hearing on his subject claim. \n \n            3.         The claimant failed and/or refused to appear at the subject hearing and, therefore, \n                        has waived his right to a hearing on the respondents’ subject MTD. \n \n      4.         The claimant has failed to request a hearing on this claim within the last six (6) \n                   months.  \n \n 5. The respondents’ MTD without prejudice filed with the Commission on June 18, \n                  2024, should be and hereby is GRANTED. \n      \n      6.          Therefore, this claim hereby is dismissed without prejudice subject to the applicable \n                 deadline(s) prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n                 Rule 099.13. \n \n This opinion shall not be construed to prohibit the claimant, his attorney, any attorney he \nmay retain in the future, or anyone acting legally and on his behalf from refiling this claim if  it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n The  respondents shall pay the court reporter’s invoice within twenty  (20) days  of their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                  Administrative Law Judge \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H307855 GEOFFREY ERWIN, EMPLOYEE CLAIMANT AMAZON.COM SERVICES, LLC, EMPLOYER RESPONDENT ZURICH AMERICAN INS. CO./ SEDGWICK CLAIMS MG’T SERVICES, INC. INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED AUGUST 16, 2024 Hearing conduct...","fetched_at":"2026-05-19T22:50:08.944Z","links":{"html":"/opinions/alj-H307855-2024-08-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/ERWIN_GEOFFREY_H307855_20240816.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}