{"id":"alj-H400898-2025-10-10","awcc_number":"H400898","decision_date":"2025-10-10","opinion_type":"alj","claimant_name":"Waylon Osborn","employer_name":"Penmack Staffing Services, Inc","title":"OSBORN VS. PENMACK STAFFING SERVICES, INC. AWCC# H400898 October 10, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/OSBORN_WAYLON_H400898_20251010.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OSBORN_WAYLON_H400898_20251010.pdf","text_length":3945,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H400898 \n \n \nWAYLON L. OSBORN, EMPLOYEE     CLAIMANT \n \nPENMACK STAFFING SERVICES, INC. \nEMPLOYER          RESPONDENT \n \nAIU INSURANCE COMPANY/ \nGALLAGHER BASSETT SERVICES, INC., \nINSURANCE CARRIER/TPA      RESPONDENT \n \n \nOPINION AND ORDER FILED OCTOBER 10, 2025 \n \nThe Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, was held on September 30, 2025. \nClaimant failed to appear. \nRespondents were represented by Rick Behring, Jr., of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 30\nth\n day of September, 2025, \nin Little  Rock,  Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Arkansas  Code  Ann.  11-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Commission, which has recently been renamed 11 C.A.R. 25-110(d) and \nwill be referred to by that name in the remainder of this opinion. The claimant was pro se \nand  failed  to  appear. The Respondents  were  represented  by Rick  Behring,  Jr. of  Little \nRock, Arkansas. A previous Motion to Dismiss Hearing had been held on the 15\nth\n day of \nOctober 2024, and at that time, the Claimant appeared pro se. An opinion in regard to the \nhearing of October 15, 2024, found that the matter should not be dismissed at that time \ndue to the objection of the Claimant and he was ordered to respond to the propounded \n\nWaylon L. Osborn – H400898 \n2 \n \ndiscovery within thirty (30) days of the date of the receipt of the discovery. The opinion \nwas filed on October 23, 2024. \n The second Motion to Dismiss was filed on July 30, 2025, and provided that the \nClaimant had alleged he had sustained a compensable injury to his left lower extremity \nas  a  result  of  a  specific  incident  on  or  about  November  1,  2023,  while  working  for  the \nrespondent employer. The Respondents filed a Form AR-2 and controverted the claim in \nits entirety. The Claimant through his former attorney, Mark Peoples, filed a Form AR-C \non or about February 19, 2024, requesting initial and additional benefits. Ultimately, the \nClaimant’s attorney moved to withdraw as counsel of record on May 19, 2024, and this \nrequest was granted by the Full Commission in June 2024. \n The second Motion to Dismiss Without Prejudice along with a Brief in Support of \nthe Motion, was filed on July 30, 2025, requesting that the matter be dismissed without \nprejudice  pursuant  to  11  C.A.R.  25 -110(d) of the Arkansas Workers’ Compensation \nCommission  for failure  to prosecute, or  in  the  alternative  that  the  matter  be  dismissed \nwithout prejudice pursuant to A.C.A. 11-9-702 which provides for dismissal of a claim if \nno bona fide request for a hearing has been made within six (6) months of the filing of his \nclaim. No  response  was  filed  by  the  Claimant  in  regard  to  the  motion. The  Motion  to \nDismiss  alleged  that the Claimant,  with  the  exception  of providing  some  discovery \nresponses/authorizations, had taken no steps to prosecute his claims within six months.   \n After proper notice, a hearing was held on September 30, 2025, and the Claimant \nfailed to appear. The Respondents were represented by Rick Behring, Jr., who requested \nthat  the  matter  be  dismissed  pursuant  to 11 C.A.R. 110(d) of the Arkansas Workers’ \nCompensation Commission and A.C.A. 11-9-702. \n\nWaylon L. Osborn – H400898 \n3 \n \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion  to  Dismiss without  prejudice pursuant  to 11  C.A.R.  110(d) of  the  Arkansas \nWorkers’ Compensation Commission and A.C.A. 11-9-702.   \n IT IS SO ORDERED. \n                \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H400898 WAYLON L. OSBORN, EMPLOYEE CLAIMANT PENMACK STAFFING SERVICES, INC. EMPLOYER RESPONDENT AIU INSURANCE COMPANY/ GALLAGHER BASSETT SERVICES, INC., INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED OCTOBER 10, 2025 The Hearing before Administrat...","fetched_at":"2026-05-19T22:35:25.957Z","links":{"html":"/opinions/alj-H400898-2025-10-10","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/OSBORN_WAYLON_H400898_20251010.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}