{"id":"alj-H308108-2024-07-18","awcc_number":"H308108","decision_date":"2024-07-18","opinion_type":"alj","claimant_name":"Ronnie Forrest","employer_name":null,"title":"FORREST VS. WELSPUN PIPES, INC.AWCC# H308108July 18, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:5"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Forrest_Ronnie_H308108_20240718.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Forrest_Ronnie_H308108_20240718.pdf","text_length":5571,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H308108 \n \nRONNIE FORREST, \nEMPLOYEE                                                                                                              CLAIMANT \n \nWELSPUN PIPES, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nCHUBB INDEMNITY INS. CO., \nCARRIER/TPA                                                                                                    RESPONDENT  \n \nOPINION FILED JULY 18, 2024 \n \nHearing conducted on Thursday, July 18,  2024, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant was represented by the Honorable Laura Beth York, Little Rock, Arkansas.  \n \nThe Respondents were represented by the Honorable Rick Behring, Jr., Little Rock, Arkansas. \n \n \nBACKGROUND \n \n  This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  by  Respondents.  A \nhearing was conducted on July 18, 2024, in Little Rock, Arkansas. No testimony was taken in the \ncase. Claimant’s counsel waived her appearance and the appearance of the Claimant to be present \nat the Motion to Dismiss hearing. Admitted into evidence was Respondent Exhibit 1, pleadings, \ncorrespondence, consisting of eleven (11) pages.  \nThe  record  reflects on December  15,  2023,  a  Form  AR-C was  filed purporting  that \nClaimant sustained injuries to left leg, right leg, and other whole body. On December 18, 2023, a \nForm AR-1 was filed alleging that a pipe rolled back onto Claimant pinching him between the pipe \nand  another  pipe  he  was  grinding. Respondents  filed  Form  AR-2  accepting  the  claim  as \ncompensable. Respondents’ counsel, Rick Behring, Jr., entered his appearance on December 22, \n2023. Respondents’ counsel filed a Motion to Dismiss on June 24, 2024. The motion alleges that \n\nFORREST, AWCC No. H308108 \n \n2 \n \nsince the filing of the Form AR-C on December 15, 2023, the Claimant has not filed a request for \na hearing. Claimant was sent notice of the Motion to Dismiss certified and regular First-Class Mail \non June 26, 2024. The Claimant did not claim the certified notice. Moreover, the notice sent out \nregular  First-Class  Mail  was also returned  to  the  Commission. Despite this effort, Claimant’s \ncounsel of record, Laura Beth York, responded to the Motion by letter dated June 28, 2024. See \nRespondents’ Exhibit 1, page 10. The letter stated that Claimant does not object to Respondents’ \nMotion to Dismiss if it is done without prejudice. Claimant’s counsel also waived her appearance \nand the appearance of her client to appear at the hearing. This waiver was granted.  \nDespite granting the waiver and in accordance with applicable Arkansas law, the Claimant \nwas mailed due  and proper legal notice of the hearing date via the United States Postal Service \n(USPS), First Class Certified Mail, Return Receipt Requested, and regular First-Class Mail. The \ncertified notice was not claimed by Claimant. Likewise, the regular First-Class mail hearing notice \nwas returned to the Commission. The hearing took place on July 18, 2024. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and the \nevidentiary record, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had reasonable notice  of  the July 18,  2024, \nhearing. \n \n3. Respondents  have  proven  by  a  preponderance  of  the  evidence  that Claimant  has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n\nFORREST, AWCC No. H308108 \n \n3 \n \nDISCUSSION \n Consistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith proper notice, on the Respondents’ Motion to Dismiss. Claimant responded to the Motion to \nDismiss by letter dated June 28, 2024. There the Claimant did not object to a dismissal without \nprejudice and waived his appearance for the hearing itself. Thus, I find by the preponderance of \nthe evidence that reasonable notice was given to all parties.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction  pending  before  it  due  to  a  want  of  prosecution. The  Claimant  filed his Form AR-C on \nDecember  15,  2023. Since the filing of Claimant’s Form  AR-C,  no  request  for  a hearing  has \noccurred. Based on Claimant’s letter dated June 28, 2024, and the lack of activity on the claim, \nRespondents’ motion should be granted. Therefore, I do find by the preponderance of the evidence \nthat Claimant has failed to prosecute his claim by failing to request a hearing. Thus, Respondents’ \nMotion to Dismiss should be granted. \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is granted, without prejudice. \n      IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H308108 RONNIE FORREST, EMPLOYEE CLAIMANT WELSPUN PIPES, INC., EMPLOYER RESPONDENT CHUBB INDEMNITY INS. CO., CARRIER/TPA RESPONDENT OPINION FILED JULY 18, 2024 Hearing conducted on Thursday, July 18, 2024, before the Arkansas Workers’ Compensation Commission ...","fetched_at":"2026-05-19T22:51:32.968Z","links":{"html":"/opinions/alj-H308108-2024-07-18","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Forrest_Ronnie_H308108_20240718.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}