{"id":"alj-H308145-2024-09-12","awcc_number":"H308145","decision_date":"2024-09-12","opinion_type":"alj","claimant_name":"Raymond Kagebein","employer_name":"Bigham Brothers, Inc","title":"KAGEBEIN VS. BIGHAM BROTHERS, INC. AWCC# H308145 September 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":["wrist"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/KAGEBEIN_RAYMOND_K_H308145_20240912.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KAGEBEIN_RAYMOND_K_H308145_20240912.pdf","text_length":3158,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H308145 \n \nRAYMOND K. KAGEBEIN, EMPLOYEE      CLAIMANT \n \nBIGHAM BROTHERS, INC., EMPLOYER           RESPONDENT \n \nSENTRY CASUALTY CO., CARRIER/TPA             RESPONDENT \n  \n \n \nOPINION FILED 12 September 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 4 September 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Jarrod Parrish, Worley, Wood & Parrish, appeared on behalf of 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 4 September 2024. This case relates to an alleged workplace injury, \nsustained on or about 8 December 2023. The claimant filed a Form AR-C on 18 December \n2023 alleging a wrist injury. A First Report of Injury was filed on 5 January 2024, and a \nForm AR-2 was filed that same day. By way of an Order dated 25 June 2024, the Full \nCommission granted a motion for withdrawal filed by Claimant’s counsel on 14 May 2024. \nSee Respondent’s Exhibit No 1. \n On 2 July 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim. A letter from the Commission to the claimant communicating that \nmotion’s filing was dated 9 July 2024, and another letter setting a hearing on the motion \nwas dated 1 August 2024. Those letters provide notice that the claimant was not required to \nappear if he did not object to the dismissal of the claim. Copies of those letters are included \n\nR. Kagebein- H308145 \n2 \n \nin Respondent’s Exhibit No 1, and the Commission’s file is absent any response from the \nclaimant. I noted at the hearing that mailings from the Commission to claimants are sent \nvia both First Class and Certified Mail with return receipts requested. Returned mail is \nregularly appended to the Commission’s file. This claim file includes only a return of the \nCertified Mailings, indicating that the letters were unclaimed or undeliverable to the \naddressee. The First Class letters were not returned as undeliverable. \nThe respondents appeared on 4 September 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 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 H308145 RAYMOND K. KAGEBEIN, EMPLOYEE CLAIMANT BIGHAM BROTHERS, INC., EMPLOYER RESPONDENT SENTRY CASUALTY CO., CARRIER/TPA RESPONDENT OPINION FILED 12 September 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge J...","fetched_at":"2026-05-19T22:48:52.869Z","links":{"html":"/opinions/alj-H308145-2024-09-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/KAGEBEIN_RAYMOND_K_H308145_20240912.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}