{"id":"alj-H308060-2024-10-01","awcc_number":"H308060","decision_date":"2024-10-01","opinion_type":"alj","claimant_name":"Wilson Bautista","employer_name":"Bautista Construction","title":"BAUTISTA VS. BAUTISTA CONSTRUCTION AWCC# H308060 October 01, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BAUTISTA_WILSON_H308060_20241001.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BAUTISTA_WILSON_H308060_20241001.pdf","text_length":3123,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H308060 \n \nWILSON G.  BAUTISTA, EMPLOYEE     CLAIMANT \n \nBAUTISTA CONSTRUCTION, EMPLOYER    RESPONDENT \n \nTECHNOLOGY INSURACE COMPANY/ \nAMTRUST NORTH AMERICA, CARRIER/TPA   RESPONDENT  \n \n \nOPINION FILED OCTOBER 1, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Batesville, Arkansas, \non September 25, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, William C. Frye, of North Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on September 25, 2024, in \nBatesville, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant \nto Arkansas Code Ann. 11-9-702 and Rule 13 of the Workers’ Compensation Act.  A Form \nAR-C was filed on December 12, 2023, claiming that the claimant had injured his back \nwhen he fell off a ladder.   A Form AR- 2 was filed on December 20, 2023, and it provided \nthat the date of injury was October 11, 2023, the first day of disability was October 18, \n2023,  the  claim  was  accepted,  and  appropriate  benefits  would  be  paid.    A  Change  of \nPhysician Order was obtained on the 16\nth\n day of April 2024.  The claimant was originally \nrepresented by Mark Peoples, attorney at law, who was allowed to withdraw by an Order \nfrom the Full Commission, dated June 25, 2024.    \n\nWilson G. Bautista – H308060 \n A Motion to Dismiss the Claim was filed on or about July 1, 2024, contending that \nthe claimant had failed to prosecute the claim per the law and rules of the Commission.  \nThe claimant has not requested a hearing to date and more than six months have passed \nsince the filing of the original claim.  After discovery was taken on or about April 15, 2024, \nit  appeared  that  the  claimant  was  receiving TTD and a  salary  from  the  Respondent \ncompany  which  he  owned.  At  the  time,  the  claimant  stated  that  he  would  provide \nadditional medical, but no additional medical was received. \n Appropriate notice was provided to the claimant at his last known address notifying \nhim that a hearing on the Motion to Dismiss was set for September 25, 2024, in Batesville, \nArkansas.  The claimant did not file a response and failed to appear on the hearing date.  \nAt the time of the hearing, William C. Frye 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 the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nRespondent, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H308060 WILSON G. BAUTISTA, EMPLOYEE CLAIMANT BAUTISTA CONSTRUCTION, EMPLOYER RESPONDENT TECHNOLOGY INSURACE COMPANY/ AMTRUST NORTH AMERICA, CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 1, 2024 Hearing before Administrative Law Judge James D. Kennedy in Bat...","fetched_at":"2026-05-19T22:47:01.516Z","links":{"html":"/opinions/alj-H308060-2024-10-01","pdf":"https://labor.arkansas.gov/wp-content/uploads/BAUTISTA_WILSON_H308060_20241001.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}