{"id":"alj-H401408-2024-10-02","awcc_number":"H401408","decision_date":"2024-10-02","opinion_type":"alj","claimant_name":"Michael Murray","employer_name":"Metro Towing & Recovery","title":"MURRAY VS. METRO TOWING & RECOVERY AWCC# H401408 October 02, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MURRAY_MICHAEL_E_H401408_20241002.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MURRAY_MICHAEL_E_H401408_20241002.pdf","text_length":3381,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H401408 \n \nMICHAEL E. MURRAY, EMPLOYEE       CLAIMANT \n \nMETRO TOWING & RECOVERY, EMPLOYER         RESPONDENT \n \nNORGUARD INSURANCE COMPANY/ \nGUARD INSURANCE COMPANIES, CARRIER/TPA           RESPONDENT \n  \n \n \nOPINION FILED 2 OCTOBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 2 October 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nBarber Law Firm, Ms. Karen McKinney, 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 2 October 2024. This case relates to an alleged workplace injury, \nsustained on or about 23 December 2023. The claimant filed a Form AR-C on 26 February \n2024, stating a back injury after bending over on the job. A First Report of Injury was filed \non 29 February 2024, and a Form AR-2 denying the claim was filed on 12 March 2024. See \nRespondents’ Exhibit No 1. \n The respondents attempted to move forward with discovery, but found the claimant \nto not be responsive to those requests. Id. On 2 August 2024, the respondents requested a \ndismissal of this matter for the claimant’s 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. See Respondents’ Exhibit No. 2. I noted at the hearing that \nmailings from the Commission to claimants are sent via both First Class and Certified Mail \n\nM. MURRAY- H401408 \n2 \n \nwith return receipts requested. Returned mail is regularly appended to the Commission’s \nfile. The Commission’s file includes only the return of one Certified Mailing, which notes it \nas unclaimed. In reviewing the file before the hearing, I found a report from the Legal \nAdvisors Division that recapitulated a phone discussion with the claimant on 17 September \n2024. See Commission’s Exhibit No. 1. That report indicates that the claimant is presently \nworking at a new job and does not wish to pursue his claim at this time. The possibility of \nthe claimant refiling a Form AR-C and requesting a hearing is also noted in the report. \nThe respondents appeared on 2 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, consistent with the note entered into the file by the Legal Advisors Division, \nthe 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 H401408 MICHAEL E. MURRAY, EMPLOYEE CLAIMANT METRO TOWING & RECOVERY, EMPLOYER RESPONDENT NORGUARD INSURANCE COMPANY/ GUARD INSURANCE COMPANIES, CARRIER/TPA RESPONDENT OPINION FILED 2 OCTOBER 2024 Heard before Arkansas Workers’ Compensation Commission (A...","fetched_at":"2026-05-19T22:47:09.935Z","links":{"html":"/opinions/alj-H401408-2024-10-02","pdf":"https://labor.arkansas.gov/wp-content/uploads/MURRAY_MICHAEL_E_H401408_20241002.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}