{"id":"alj-H308126-2024-10-10","awcc_number":"H308126","decision_date":"2024-10-10","opinion_type":"alj","claimant_name":"Eileen Montes","employer_name":"Mo Go Logistics, LLC","title":"MONTES VS. MO GO LOGISTICS, LLC AWCC# H308126 October 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MONTES_EILEEN_H308126_20241010.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MONTES_EILEEN_H308126_20241010.pdf","text_length":2905,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H308126 \n \nEILEEN MONTES, EMPLOYEE        CLAIMANT \n \nMO GO LOGISTICS, LLC, EMPLOYER           RESPONDENT \n \nLUBA CASUALTY INS. CO., CARRIER/TPA               RESPONDENT \n  \n \n \nOPINION FILED 10 OCTOBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 9 October 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nWorley, Wood & Parrish, PA, Mr. Jarrod Parrish, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 9 October 2024. This case relates to an alleged workplace injury, \nsustained on or about 30 November 2023. A First Report of Injury was filed by the \nrespondents on 15 December 2023, and A Form AR-2 was filed on 19 December 2023, \nnoting that the claim was under investigation for compensability. A Form AR-C was filed \non the claimant’s behalf on 28 December 2023. See Respondents’ Exhibit No 1. \n The claimant proceeded in this matter with counsel for some time, but on 7 August \n2024, the Full Commission entered an Order granting her counsel’s withdrawal from the \nmatter. On 22 August 2024, the respondents requested a dismissal of this matter for failure \nto prosecute the claim. Letters providing notice of that motion and notice of the hearing \nwere sent to the claimant, consistent with the Commission’s practice. I noted at the hearing \nthat mailings from the Commission to claimants are sent via both First Class and Certified \n\nMONTES- H308126 \n2 \n \nMail with return receipts requested. Returned mail is regularly appended to the \nCommission’s file. The Commission’s file does not include any responsive correspondence \nfrom the claimant, nor does it include any returned mailings. \nThe respondents appeared on 9 October 2024, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of their \nmotion. And the claimant did not appear at the hearing to resist the dismissal of this claim. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \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 H308126 EILEEN MONTES, EMPLOYEE CLAIMANT MO GO LOGISTICS, LLC, EMPLOYER RESPONDENT LUBA CASUALTY INS. CO., CARRIER/TPA RESPONDENT OPINION FILED 10 OCTOBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge JayO. H...","fetched_at":"2026-05-19T22:47:39.317Z","links":{"html":"/opinions/alj-H308126-2024-10-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/MONTES_EILEEN_H308126_20241010.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}