{"id":"alj-H400602-2024-09-16","awcc_number":"H400602","decision_date":"2024-09-16","opinion_type":"alj","claimant_name":"Christopher Beman","employer_name":"Pinnacle Towing & Recovery","title":"BEMAN VS. PINNACLE TOWING & RECOVERY AWCC# H400602 September 16, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BEMAN_CHRISTOPHER_R_H400602_20240916.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BEMAN_CHRISTOPHER_R_H400602_20240916.pdf","text_length":2463,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H400602 \n \nCHRISTOPHER R. BEMAN, EMPLOYEE                CLAIMANT \n \nPINNACLE TOWING & RECOVERY, dba  \nROUTH WRECKER SERVICE, EMPLOYER           RESPONDENT \n \nCLEAR SPRING PROPERTY & CASUALTY CO./ \nSEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA        RESPONDENT \n  \n \n \nOPINION FILED 16 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 11 September 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nWorley, Wood & Parrish, PA, Ms. Melissa Wood, 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 11 September 2024. This case relates to a workplace injury, sustained \non or about 23 June 2023. A Form AR-C was filed on 25 January 2024. A First Report of \nInjury was filed on 30 January 2024.  \n On 26 July 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim. See Exhibit No 1. On 29 July 2024 and then again on 15 August 2024, \nthe claimant communicated through counsel that he did not intend to oppose the dismissal, \nprovided that the dismissal would be without prejudice.  \nThe respondents appeared on 11 September 2024, presented their motion, and \noffered supporting evidence into the record. As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \n\nBEMAN- H400602 \n2 \n \nof their motion. As noted in the correspondence included in Respondents’’ Exhibit No. 1, the \nclaimant did not appear for the purpose of objecting to the dismissal, as a dismissal without \nprejudice was sought. \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 H400602 CHRISTOPHER R. BEMAN, EMPLOYEE CLAIMANT PINNACLE TOWING & RECOVERY, dba ROUTH WRECKER SERVICE, EMPLOYER RESPONDENT CLEAR SPRING PROPERTY & CASUALTY CO./ SEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA RESPONDENT OPINION FILED 16 SEPTEMBER 2024 Heard befo...","fetched_at":"2026-05-19T22:49:05.426Z","links":{"html":"/opinions/alj-H400602-2024-09-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/BEMAN_CHRISTOPHER_R_H400602_20240916.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}