{"id":"alj-H308127-2025-07-16","awcc_number":"H308127","decision_date":"2025-07-16","opinion_type":"alj","claimant_name":"Daniel Koster","employer_name":"Defiance Metal Products Of Ar","title":"KOSTER VS. DEFIANCE METAL PRODUCTS OF AR AWCC# H308127 July 16, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["hip","hernia"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/KOSTER_DANIEL_H308127_20250716.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KOSTER_DANIEL_H308127_20250716.pdf","text_length":2921,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H308127 \nDANIEL KOSTER, EMPLOYEE       CLAIMANT \n \nDEFIANCE METAL PRODUCTS OF AR, \nEMPLOYER               RESPONDENT \n \nDEFIANCE METAL PRODUCTS OF AR, INC./ \nRISK MANAGEMENT RESOURCES,  \nCARRIER/TPA             RESPONDENT \n \nOPINION AND ORDER FILED JULY 16, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy, was held on \nJuly 9, 2025, in Clinton Arkansas. \nClaimant was pro-se and failed to appear. \nRespondents were represented by Carrol Lockard Worley, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above  styled  matter  on the 9\nth\n day  of July,  2025, in \nClinton, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute pursuant \nto   Arkansas   Code   Ann.   11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Commission. The  claimant  was  pro  se  and failed  to  appear on  his own \nbehalf. The respondents were represented by Carol Worley of Little Rock, Arkansas.  \n A First Report of Injury was filed on December 6, 2023, which provided that the \nclaimant was injured on December 5, 2023, and was taken to BHMC Heber Springs.  A \nC Form was filed on December 15, 2023, which provided that the claimant was injured \nduring  the  course  and  scope  of  his  employment, where  he  sustained  injuries  to  his \nabdomen, pelvis, and right hip and “other whole body.”  A note from Dr. Patrick Freeman \ndated  June  11,  2024,  provided  that  the  claimant  had  reached  maximum  medical \n\nDaniel Koster – H308127 \n2 \n \nimprovement in regard to his hernia under his workers’ compensation claim and that he \ndoes not have any residual impairment related to the claim and he was released to full \nduty on June 5, 2024.  The claimant’s attorney, Laura Beth York received an Order from \nthe Full Commission, dated August 20, 2024, allowing her to withdraw as counsel.  On \nMay 7, 2025, the respondents filed a Motion to Dismiss.  No response was filed by the \nclaimant so  an  appropriate  notice  of  a  Motion  to  Dismiss  hearing  was  provided  to the \nparties setting the hearing for July 9, 2023, at 10:30 a.m.     \n A  hearing  was  held  on July  9, 2025, and  the  claimant failed  to  appear.    The \nRespondents  were  represented  by Carrol  Worley,  who  requested  that  the  matter  be \ndismissed pursuant to Rule 099.13 of the Arkansas Workers’ Compensation Commission \nand A.C.A. 11-9-702. \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion to Dismiss without prejudice pursuant to Rule 099.13 of the Arkansas \nWorkers’ Compensation Commission and A.C.A. 11-9-702.   \nIT IS SO ORDERED. \n         ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H308127 DANIEL KOSTER, EMPLOYEE CLAIMANT DEFIANCE METAL PRODUCTS OF AR, EMPLOYER RESPONDENT DEFIANCE METAL PRODUCTS OF AR, INC./ RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION AND ORDER FILED JULY 16, 2025 The Hearing before Administrative Law Ju...","fetched_at":"2026-05-19T22:38:33.725Z","links":{"html":"/opinions/alj-H308127-2025-07-16","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/KOSTER_DANIEL_H308127_20250716.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}