{"id":"alj-H400749-2024-10-16","awcc_number":"H400749","decision_date":"2024-10-16","opinion_type":"alj","claimant_name":"Bryan Hammock","employer_name":"Prewett Enterprises, Inc","title":"HAMMOCK VS. PREWETT ENTERPRISES, INC. AWCC# H400749 October 16, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HAMMOCK_BRYAN_G_H400749_20241016.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HAMMOCK_BRYAN_G_H400749_20241016.pdf","text_length":2902,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H400749 \n \nBRYAN G. HAMMOCK, EMPLOYEE       CLAIMANT \n \nPREWETT ENTERPRISES, INC., EMPLOYER          RESPONDENT \n \nLIBERTY INSURANCE CORP., CARRIER/TPA              RESPONDENT \n  \n \n \nOPINION FILED 16 OCTOBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 16 October 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nThe Ryburn Law Firm, Mr. Jason Ryburn, appeared for 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 16 October 2024. This case relates to an alleged workplace injury, \nsustained on or about 19 January 2024. A First Report of Injury was filed by the \nrespondents on 22 January 2024, and a Form AR-2 was filed on 1 February 2024, noting a \nfinger injury and that the claimant tested positive for marijuana on the date of the injury. \nA Form AR-C was also filed on the claimant’s behalf on 1 February 2024. See Respondents’ \nExhibit No 1. \n On 20 August 2024, the Full Commission entered an Order granting a request from  \nthe claimant’s counsel to withdrawal from the matter. On 27 August 2024, the respondents \nrequested a dismissal of this matter for failure to prosecute the claim. Letters providing \nnotice of that motion and notice of the hearing were sent to the claimant, consistent with \nthe Commission’s practice. I noted at the hearing that mailings from the Commission to \n\nHAMMOCK-H400749 \n2 \n \nclaimants are sent via both First Class and Certified Mail with return receipts requested. \nReturned mail is regularly appended to the Commission’s file. The Commission’s file \nincludes a number of returned mailings sent to the address the claimant has maintained \nwith the Commission.  \nThe respondents appeared on 16 October 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 at the hearing 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 H400749 BRYAN G. HAMMOCK, EMPLOYEE CLAIMANT PREWETT ENTERPRISES, INC., EMPLOYER RESPONDENT LIBERTY INSURANCE CORP., CARRIER/TPA RESPONDENT OPINION FILED 16 OCTOBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judg...","fetched_at":"2026-05-19T22:47:43.438Z","links":{"html":"/opinions/alj-H400749-2024-10-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/HAMMOCK_BRYAN_G_H400749_20241016.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}