{"id":"alj-H401544-2024-08-29","awcc_number":"H401544","decision_date":"2024-08-29","opinion_type":"alj","claimant_name":"Marcos Herrera","employer_name":null,"title":"HERRERA VS. AWCC# H401544 August 29, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HERRERA_MARCOS_H401544_20240829.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HERRERA_MARCOS_H401544_20240829.pdf","text_length":2256,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H401544 \n \nMARCOS E. HERRERA (DECEASED), EMPLOYEE   CLAIMANT \n \nTYSON POULTRY INC., SELF-INSURED EMPLOYER RESPONDENT \n \n \nOPINION/ORDER FILED AUGUST 29, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington \nCounty, Arkansas. \n \nClaimant is deceased and not represented and did not appear at the hearing; his widow, SENOVIA \nC. PIMENTEL-HERRERA, did not appear at the hearing. \n \nRespondents are represented by JEREMY SWEARINGEN, Attorney, Little Rock, Arkansas \n \nOPINION/ORDER \n \n On  February 29, 2024, a Form AR-C was filed by Mr. Mark Peoples on behalf of Ms. Senovia \nHerrera, alleging that Marcos Herrea suffered a compensable fatal injury on February 12, 2024.   Mr. \nPeoples filed a Motion to Withdraw on April 1, 2024, and was allowed to withdraw on May 3, 2024.  \nNo other attorney entered an appearance on behalf of Ms. Senovia Herrera.     \nOn June 14, 2024, respondent filed a Motion to Dismiss pursuant to Commission Rule 099.13, \nalleging a want of prosecution.  Respondent’s motion alleged that the cause of death was determined \nto be natural/idiopathic.  \nA hearing on respondent’s Motion to Dismiss was scheduled for August 8, 2024.  Notice of \nthe scheduled hearing was sent to claimant’s widow by certified mail at the last known address in the \nCommission’s file.  The notice was delivered to claimant’s widow on June 24, 2024. \nOn June 26, 2024, Ms. Maura Herrera called the Legal Advisor for the Commission on behalf \nof the claimant’s widow and advised that Ms. Senovia Herrera had received notice of the hearing for \n\nHerrera-H401544 \n \n2 \n \nthe Motion to Dismiss and was not going to pursue her claim. Ms. Senovia Herrera did not appear in \nperson at the hearing on August 8, 2024.       \n I find that pursuant to Commission Rule 099.13, this is a meritorious application for dismissal \nfor lack of prosecution, and respondent’s Motion to Dismiss should be and hereby is granted.  This \ndismissal is without prejudice.  \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                    \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401544 MARCOS E. HERRERA (DECEASED), EMPLOYEE CLAIMANT TYSON POULTRY INC., SELF-INSURED EMPLOYER RESPONDENT OPINION/ORDER FILED AUGUST 29, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington County, Arkansas. Claimant is ...","fetched_at":"2026-05-19T22:50:38.424Z","links":{"html":"/opinions/alj-H401544-2024-08-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/HERRERA_MARCOS_H401544_20240829.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}