{"id":"alj-H401716-2025-07-16","awcc_number":"H401716","decision_date":"2025-07-16","opinion_type":"alj","claimant_name":"Michael Reusser","employer_name":"G W Van Keppel Co","title":"REUSSER VS. G W VAN KEPPEL CO. AWCC# H401716 July 16, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:3"],"injury_keywords":["shoulder","neck"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Reusser_Michael_H401716_07162025.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Reusser_Michael_H401716_07162025.pdf","text_length":6025,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H401716 \n \nMICHAEL REUSSER, \nEMPLOYEE                                                                                                              CLAIMANT \n \nG W VAN KEPPEL CO., \nEMPLOYER                                                                                                         RESPONDENT  \n \nTRAVELERS CAS. INS. CO. of AMERICA, \nCARRIER/TPA                                                                                                    RESPONDENT \n \n \nOPINION FILED JULY 16, 2025 \n \nHearing conducted on  Wednesday,  June  4,  2025,  before  the  Arkansas  Workers’  Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ) Steven  Porch,  in  Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Mr. Michael Reusser, Pro Se, of White Hall, Arkansas.  \n \nThe Respondents  were  represented by Mr. Guy  Alton  Wade,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non March  19,  2025.    A  hearing  on  the  motion  was  conducted  on  June  4,  2025,  in  Little  Rock, \nArkansas.  Claimant, according to the Commission’s file is Pro Se, failed to appear at the hearing.  \nThe Claimant worked for the Respondent/Employer as a service technician. The date for \nClaimant’s   alleged   injury   was   on   December   13,   2023. He reported   his   injury   to   \nRespondent/Employer on the  same  day.  Respondents  admitted  into  the  record  Respondents’ \nExhibit  1, pleadings  and  correspondence,  consisting  of  9 pages.  The  Commission  admitted  into  \nevidence Commission  Ex.  1,  pleadings,  and  U.S.  Mail  return  receipt,  consisting  of  4 pages, as \ndiscussed infra. \n\nREUSSER, AWCC No. H401716 \n \n2 \n \nThe  record  reflects  that  on  March  8,  2024,  Form  AR-C  was  filed  by  Claimant’s  then-\nattorney, Laura Beth York, with the Commission purporting that Claimant injured his left shoulder, \nneck, and other whole body.  On March 11, 2024, a Form AR-1   was filed with the Commission \npurporting that Claimant’s injuries occurred when he fell from a ladder during an engine repair. \nAlso on March 11, 2024, a Form AR-2 was filed by Respondents accepting compensability of the \nleft shoulder injury. Respondent’s counsel, Guy Alton Wade, entered his appearance on April 30, \n2024. Claimant’s counsel, Laura Beth York, filed a Motion to Withdraw on February 10, 2025; \nand the Full Commission granted the motion on March 4, 2025. \nOn  March  19,  2025, Respondents’  counsel  filed  a  Motion  to  Dismiss  due  to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on March 26, 2025, notice of the Motion to \nDismiss,  via certified  and  regular  U.S.  Mail,  to  his  last  known  address  of  record.  The  certified  \nmotion notice  was  claimed  by  Claimant  as  noted  on the  March  29,  2025,  return  receipt.  The \nClaimant  did  not respond  to  the  motion  in  writing  as  required within  twenty  days.  Thus,  in  \naccordance with applicable Arkansas law, the Claimant was mailed due and proper legal notice of \nRespondents’ Motion to Dismiss hearing date at his current address of record via the United States \nPostal  Service  (USPS),  First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-\nClass Mail, on May 5, 2025. The certified notice was claimed according to the May 8, 2025, return \nnotice. The hearing took place on June 4, 2025. And as mentioned before, the Claimant did not \nshow up to the hearing. \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole and other matters properly before the Commission, \nI hereby make the following findings of fact and conclusions of law in accordance with Ark. Code \nAnn. § 11-9-  704 (Repl. 2012):  \n\nREUSSER, AWCC No. H401716 \n \n3 \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had  reasonable  notice  of  the  June  4,  2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to make a bona fide request for a hearing in more than six months pursuant \nto Ark. Code Ann. § 11-9-  702(a)(4).  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION  \nUnder Ark. Code Ann. § 11-9-  702(a)(4) “If within six (6) months after the filing of a claim \nfor compensation no bona fide request for a hearing has been made with respect to the claim, the \nclaim  may,  upon  motion  and  after  hearing,  be  dismissed  without  prejudice...”.  Consistent  with \nArk.  Code  Ann. §  11-9-  702(a)(4),  the  Commission  scheduled  and  conducted  a  hearing,  with  \nreasonable notice to the Claimant, on Respondents’ Motion to Dismiss hearing date. The certified \nhearing notice was claimed on May 8, 2025, per the return postal notice bearing the same date. \nThus, I find by the preponderance of the evidence that reasonable notice was given to the Claimant.  \nArk. Code Ann. § 11-9-  702(a)(4) allows the Commission, upon meritorious application, to \ndismiss an action pending before it due to a want of a bona fide request for a hearing within six \nmonths. The Claimant filed his Form AR-C on March 8, 2024. Since then, he has failed to request \na bona fide hearing. Therefore, I do find by the preponderance of the evidence that Claimant has \nfailed  to  prosecute  his  claim  by  failing  to  request  a  bona  fide  hearing within  six  months.  Thus,  \nRespondents’ Motion to Dismiss should be granted. \n \n \n\nREUSSER, AWCC No. H401716 \n \n4 \n \nCONCLUSION \n Based  on  the  Findings  of  Fact  and  Conclusions  of  Law  set  forth  above,  Respondents’  \nMotion to Dismiss is hereby granted, and Claimant’s claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H401716 MICHAEL REUSSER, EMPLOYEE CLAIMANT G W VAN KEPPEL CO., EMPLOYER RESPONDENT TRAVELERS CAS. INS. CO. of AMERICA, CARRIER/TPA RESPONDENT OPINION FILED JULY 16, 2025 Hearing conducted on Wednesday, June 4, 2025, before the Arkansas Workers’ Compensation C...","fetched_at":"2026-05-19T22:38:35.795Z","links":{"html":"/opinions/alj-H401716-2025-07-16","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Reusser_Michael_H401716_07162025.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}