{"id":"alj-H400710-2025-08-26","awcc_number":"H400710","decision_date":"2025-08-26","opinion_type":"alj","claimant_name":"Walter Terry","employer_name":"Auto Credit Express, LLC","title":"TERRY VS. AUTO CREDIT EXPRESS, LLC AWCC# H400710 August 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:14","granted:2","denied:1"],"injury_keywords":["neck","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/TERRY_WALTER_H400710_20250826.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TERRY_WALTER_H400710_20250826.pdf","text_length":3455,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H400710 \n \nWALTER L. TERRY, EMPLOYEE      CLAIMANT \n \nAUTO CREDIT EXPRESS, LLC, \nEMPLOYER          RESPONDENT  \n \nNORGUARD INSURANCE COMPANY/ \nGUARD INSURANCE COMPANIES,  \nINSURANCE CARRIER/TPA      RESPONDENT   \n \nOPINION FILED AUGUST 26, 2025 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on August 19, 2025. \nClaimant is represented by Daniel Wren, of Little Rock, Arkansas, who was \npresent in the courtroom, but who announced that the claimant has failed to stay \nin contact him. \nRespondents are represented by Karen H. McKinney, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on August 19, 2025, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13, now referred to as 11 C.A.R. 25 -110 (d) \nof  the  Arkansas  Workers’  Compensation Commission.    Pleadings  were  filed  by  the \nattorney for the claimant in response to the Motion to Dismiss, stating that he had lost \ntouch with the claimant.  A previous Motion to Dismiss hearing was held on the 15\nth\n day \nof October, 2024, and the claimant appeared pro se at the time of the first hearing, after \nhis original attorney had been allowed to withdraw only a few weeks prior to the hearing \nby  an  Order  of  the  Full  Commission,  dated  August  22,  2024.  At  the  time  of  the  initial \n\nTerry – H400710 \n2 \n \nMotion to Dismiss hearing, the claimant stated that he intended to pursue his claim and \nthe Motion to Dismiss was then denied by an Order and Opinion dated October 25, 2024.   \nThe claimant contended that he injured his neck and back due to an automobile \naccident on August 22, 2024.  The respondents filed a second Motion to Dismiss on June \n6, 2025, contending that the claimant had failed to prosecute the claim, that no bona fide \nrequest for a hearing had been made within six months of filing the claim, and that the \nclaim should be dismissed with prejudice pursuant to A.C.A. 11-9-702 and what is now \nnamed C.A.R. 25-110(d) of the Arkansas Workers’ Compensation Commission.     \nA hearing was set for August 19, 2025, in regard to the Motion to Dismiss.  The \nclaimant failed to appear at the hearing after proper notice, but the claimant’s attorney, \nDan Wren, did appear after responding to the Motion to Dismiss, where he stated that he \nhad lost contact with the Claimant.  At the time of the hearing, Karen McKinney appeared \non  behalf  of  the Respondents and asked  that  the  matter  be  dismissed  for  lack  of \nprosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondent’s \nand the claimant’s attorney, there is no alternative but to find that the Motion to Dismiss \nshould be granted at this time, and the matter should be dismissed without prejudice. \nORDER \n Pursuant to the above, there is no alternative but to find that the Motion to \nDismiss should be granted and this matter should be dismissed without prejudice \n\nTerry – H400710 \n3 \n \npursuant to A.C.A. 11-9-702 and C.A.R. 25 -110(d) of the Arkansas Workers’ \nCompensation Commission at this time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H400710 WALTER L. TERRY, EMPLOYEE CLAIMANT AUTO CREDIT EXPRESS, LLC, EMPLOYER RESPONDENT NORGUARD INSURANCE COMPANY/ GUARD INSURANCE COMPANIES, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED AUGUST 26, 2025 Hearing before Administrative Law Judge James D. K...","fetched_at":"2026-05-19T22:38:02.395Z","links":{"html":"/opinions/alj-H400710-2025-08-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/TERRY_WALTER_H400710_20250826.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}