{"id":"alj-H401463-2025-01-08","awcc_number":"H401463","decision_date":"2025-01-08","opinion_type":"alj","claimant_name":"Robinson Oswald","employer_name":"Cal Ark International Inc","title":"ROBINSON VS. CAL ARK INTERNATIONAL INC. AWCC# H401463 January 08, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/OSWALD_ROBINSON_H401463_20250108.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OSWALD_ROBINSON_H401463_20250108.pdf","text_length":3080,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H401463 \n \nOSWALD W. ROBINSON, EMPLOYEE     CLAIMANT \nCAL ARK INTERNATIONAL INC., EMPLOYER   RESPONDENT \nSAFETY FIRST INSURANC CO.  CARRIER/TPA   RESPONDENT \n            \nOPINION FILED JANUARY 8, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on January 7. 2025. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, Guy Alton Wade, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on January 7, 2025, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaimant was pro se and failed to appear for the hearing.  A First Report of Injury was filed \non February 27, 2024, which provided that the claimant was off duty when he fell on ice \nat  a  truck  stop.    The  AR – 2 filed  February  28,  2024, provided  that  based  upon an \ninvestigation, the  Respondent was unable  to  determine  that  the  claimant  was  injured \nduring  the  course  and  scope  of  his  employment.    Discovery  was  propounded  by  the \nRespondents on April 10, 2024, but no response was ever filed.  A Motion to Dismiss was \nfiled by letter dated November 1, 2024, requesting that the matter be dismissed for failure \nto prosecute but no response was ever filed.  There was a question about the claimant’s \nrepresentation,  but  Ms.  Laura  Beth  York  of  Little  Rock,  who  never  entered  an  entry  of \n\nOSWALD W. ROBINSON – H401463 \nappearance, confirmed by an email dated November 4, 2024, that she did not represent \nthe  claimant  and  that  she  trusted  that  the  appropriate  notice  would  be  provided  to  the \nclaimant in reference the Motion to Dismiss.  \n The claimant has not requested a hearing to date and more than six months have \npassed since the first Report of Injury or Illness on February 27, 2024.   \n Appropriate notice was provided to the claimant notifying him that a hearing on the \nMotion to Dismiss was set for January 7, 2025, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nGuy Alton Wade appeared on behalf of the Respondents and asked that the matter be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nRespondent, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401463 OSWALD W. ROBINSON, EMPLOYEE CLAIMANT CAL ARK INTERNATIONAL INC., EMPLOYER RESPONDENT SAFETY FIRST INSURANC CO. CARRIER/TPA RESPONDENT OPINION FILED JANUARY 8, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on...","fetched_at":"2026-05-19T22:44:11.539Z","links":{"html":"/opinions/alj-H401463-2025-01-08","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/OSWALD_ROBINSON_H401463_20250108.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}