{"id":"alj-H402575-2025-02-25","awcc_number":"H402575","decision_date":"2025-02-25","opinion_type":"alj","claimant_name":"Brandon Randall","employer_name":"232 Rent LLC","title":"RANDALL VS. 232 RENT LLC AWCC# H402575 February 25, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["lumbar"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RANDALL_BRANDON_H402575_20250225.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RANDALL_BRANDON_H402575_20250225.pdf","text_length":2943,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H402575 \nBRANDON RANDALL, EMPLOYEE      CLAIMANT \n232 RENT LLC, EMPLOYER      RESPONDENT \nPREVISOR INSURANCE COMPANY, CARRIER/TPA  RESPONDENT  \n \nOPINION FILED FEBRUARY 25, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on February 11, 2025. \nClaimant is represented by Kenneth A. Olsen, Bryant, Arkansas. \nRespondents are represented by Guy Alton Wade, Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on February 11, 2025, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The claimant and his representative failed to appear at the time of the hearing, but \nthe  Commission  was  notified  by  an  email  response from the claimant’s representative \nthat they had in fact received the notice of the hearing. The claimant had filed a Form AR-\nC on or about April 17, 2024, contending that he had injured his lumbar spine while lifting \na water heater by himself. The respondents filed a Form AR – 2, on or about April 26, \n2024, accepting the claim as compensable and providing that the claimant was injured \nwhile in the course and scope of his employment. TTD benefits were being paid at the \ntime  of  the  Form  AR-2  filing, due  to  the  fact  the  claimant  was  placed  on  light  duty \nrestrictions by his treating physician and the respondents were not able to accommodate \nthe restrictions.   \n\nRANDALL – H402575 \n The respondents submitted discovery, which was never replied to, and a Motion \nto Dismiss was filed by the respondents on December 16, 2024, and appropriate notice \nwas provided to the claimant notifying him of a hearing on the Motion to Dismiss being \nset for February 11, 2025, in Little Rock, Arkansas. The claimant’s representative notified \nthe Commission by email that he had in fact received the notice of the hearing but neither \nthe claimant nor claimant’s representative appeared at the time of the hearing.  Guy Alton \nWade appeared on behalf of the Respondents at the time of the hearing and asked that \nthe matter be dismissed 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 \nRespondents, 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 dismiss \nthis 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. H402575 BRANDON RANDALL, EMPLOYEE CLAIMANT 232 RENT LLC, EMPLOYER RESPONDENT PREVISOR INSURANCE COMPANY, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 25, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on February 11...","fetched_at":"2026-05-19T22:43:56.702Z","links":{"html":"/opinions/alj-H402575-2025-02-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RANDALL_BRANDON_H402575_20250225.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}