{"id":"alj-H400984-2025-03-21","awcc_number":"H400984","decision_date":"2025-03-21","opinion_type":"alj","claimant_name":"Gilbert Alcala","employer_name":"Costco Wholesale Corp","title":"ALCALA VS. COSTCO WHOLESALE CORP. AWCC# H400984 March 21, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/ALCALA_GILBERT_H400984_20250321.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ALCALA_GILBERT_H400984_20250321.pdf","text_length":2318,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H400984 \nGILBERT ALCALA, EMPLOYEE       CLAIMANT \n \nCOSTCO WHOLESALE CORP.,  \nEMPLOYER         RESPONDENT  \n \nSAFETY NATIONAL CASUALTY CORP./  \nCARRIER/TPA        RESPONDENT   \n \nOPINION FILED MARCH 21, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on March 11, 2025. \nClaimant is Pro Se and did not appear. \nRespondents are represented by David C. Jones, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on March 11, 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 of the Arkansas Workers’ Compensation \nAct.  The claimant contended that he sustained a work-related injury on her right leg when \nshe ruptured a scar while loading a basket.  A C Form was filed on February 8, 2024.   A \nFirst Report of Injury was filed on February 29, 2024, and an AR -2 was filed on March 5, \n2024.  A Motion to Dismiss for failure to prosecute was filed on or about January 13th, \n2025, and the claimant failed to respond to the motion.   \nA hearing  was  set  for March  11, 2025, in  regard to  the Motion  to Dismiss.  The \nclaimant failed to appear at the hearing after proper notice to the last known address of \n\nGilbert Alcala – H400984 \nthe  claimant.  At  the  time  of  the  hearing, David  C.  Jones appeared  on  behalf  of  the \nRespondents and asked that the matter be dismissed for lack of prosecution. \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 \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat 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 Dismiss \nshould  be  granted  and  this  matter  should  be  dismissed  without  prejudice pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct at this time.   \nIT IS SO ORDERED: \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H400984 GILBERT ALCALA, EMPLOYEE CLAIMANT COSTCO WHOLESALE CORP., EMPLOYER RESPONDENT SAFETY NATIONAL CASUALTY CORP./ CARRIER/TPA RESPONDENT OPINION FILED MARCH 21, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on M...","fetched_at":"2026-05-19T22:42:51.771Z","links":{"html":"/opinions/alj-H400984-2025-03-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/ALCALA_GILBERT_H400984_20250321.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}