{"id":"alj-H400009-2024-11-21","awcc_number":"H400009","decision_date":"2024-11-21","opinion_type":"alj","claimant_name":"Jodie Corpier","employer_name":"E A Refroe & Co. Inc","title":"CORPIER VS. E A REFROE & CO. INC. AWCC# H400009 November 21, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CORPIER_JODIE_H400009_20241121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CORPIER_JODIE_H400009_20241121.pdf","text_length":2537,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H400009 \n \nJODY L. CORPIER, EMPLOYEE         CLAIMANT \n \nE A REFROE & CO. INC.  EMPLOYER     RESPONDENT \n \nCONTINENTAL CASUALTY CO./ \nCNA INSURANCE COMPANY      RESPONDENT \n \nOPINION FILED NOVEMBER 21, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Clinton, Arkansas \non November 14, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, Ben Davis. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on November 14, 2024, in Clinton, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The  claimant  was pro  se  and  failed  to  appear  for  the  hearing.  The  Claimant had \nalleged he had sustained a stroke due to stress created by his workload and the claim \nwas  filed  on  December 27, 2023,  the  date  of  the  filing  of  the AR-C. The  respondents \ndenied and controverted the claim in its entirety, filing a form AR - 2 on January 12, 2024.    \n No action has been taken by the claimant to pursue this matter since the filing of \nForm  AR-C  on December  7,  2023,  and  no  hearing  request  or  further  action  has  been \ntaken by the claimant in regard to this matter in over six (6) months.  A Motion to Dismiss \nwas filed by the respondents in this matter on September 5, 2024.  \n\nJodie Corpier – H400009 \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for November 14, 2024, in Clinton, Arkansas. The claimant did \nnot file a response and failed to appear on the hearing date. At the time of the hearing, \nBen Davis appeared  on  behalf  of  the  Respondents and asked  that  the  matter  be \ndismissed 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 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. H400009 JODY L. CORPIER, EMPLOYEE CLAIMANT E A REFROE & CO. INC. EMPLOYER RESPONDENT CONTINENTAL CASUALTY CO./ CNA INSURANCE COMPANY RESPONDENT OPINION FILED NOVEMBER 21, 2024 Hearing before Administrative Law Judge James D. Kennedy in Clinton, Arkansas on ...","fetched_at":"2026-05-19T22:46:44.693Z","links":{"html":"/opinions/alj-H400009-2024-11-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CORPIER_JODIE_H400009_20241121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}