{"id":"alj-H401871-2025-05-20","awcc_number":"H401871","decision_date":"2025-05-20","opinion_type":"alj","claimant_name":"Walter Griffey","employer_name":"Baptist Health Regional Hospital","title":"GRIFFEY VS. BAPTIST HEALTH REGIONAL HOSPITAL AWCC# H401871 May 20, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GRIFFEY_WALTER_H401871_20250520.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GRIFFEY_WALTER_H401871_20250520.pdf","text_length":2405,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H401871 \n \nWALTER GRIFFEY, Employee CLAIMANT \n \nBAPTIST HEALTH REGIONAL HOSPITAL, Employer RESPONDENT \n  \nCLAIMS ADMNISTRATIVE SERVICES, Carrier RESPONDENT \n \n OPINION/ORDER FILED MAY 20, 2025  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented  by JARID  M.  KINDER,  Attorney, Fayetteville,  Arkansas;  although  not \npresent at hearing. \n \nRespondent represented by JARROD S. PARRISH Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn April  15,  2024, Jarid  Kinder, claimant’s attorney, filed a  Form AR-C  requesting \nvarious  compensation  benefits in  which  he  alleged  injuries  to  his right  shoulder on  or  about \nJanuary  18,  2024.  Claimant  requested  and  was  granted  a  Change  of  Physician  on  October  15, \n2024. No further action was taken in this claim. \nOn March 11, 2205, the respondents filed a Motion to Dismiss requesting that this claim \nbe  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for May  8,  2025.  Notice  of  that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on April  1,  2025. \nUnited States Postal Department records indicate that claimant received and signed for the notice \non April 3, 2025. Despite having received notice of the scheduled hearing, the claimant failed to \nappear at the hearing. \n\nGriffey – H401871 \n2 \n \nMr. Kinder indicated by email dated March 31, 2025, that he would waive his appearance \nat  the  hearing  and  further  indicated  that he had  no  objection  to  the  Motion  to  Dismiss without \nprejudice.   \n After  my  review  of  respondent’s  Motion  to  Dismiss, Mr. Kinder’s response  thereto  that \nhe had  no  objection  to  the  motion  to  dismiss  without  prejudice,  and  the claimant’s failure  to \nappear  at  the  scheduled  hearing, as  well  as all  other  matters  properly  before  the  Commission,  I \nfind that respondent’s Motion to Dismiss this claim should be and hereby is granted pursuant to \nA.C.A. §11-9-702(a)(4).  This dismissal is without prejudice.     \n IT IS SO ORDERED. \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H401871 WALTER GRIFFEY, Employee CLAIMANT BAPTIST HEALTH REGIONAL HOSPITAL, Employer RESPONDENT CLAIMS ADMNISTRATIVE SERVICES, Carrier RESPONDENT OPINION/ORDER FILED MAY 20, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Fort Smith, Sebastia...","fetched_at":"2026-05-19T22:40:58.736Z","links":{"html":"/opinions/alj-H401871-2025-05-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GRIFFEY_WALTER_H401871_20250520.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}