{"id":"alj-H403011-2025-01-23","awcc_number":"H403011","decision_date":"2025-01-23","opinion_type":"alj","claimant_name":"Andrew Houston","employer_name":"Compass Group USA, Inc","title":"HOUSTON VS. COMPASS GROUP USA, INC. AWCC# H403011 January 23, 2025","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HOUSTON_ANDREW_H403011_20250123.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HOUSTON_ANDREW_H403011_20250123.pdf","text_length":6413,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H403011 \n \n \nANDREW HOUSTON,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nCOMPASS GROUP USA, INC.,  \nEMPLOYER                                                                                                         RESPONDENT \n                                                                                                                                                                                                                                                                                                                            \nAIU INS. CO./ \nSEDGWICK CLAIMS MG’T SERVICES, INC., \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                 \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED JANUARY 23, 2025 \n \nHearing conducted on Wednesday, January 22, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe  claimant,  Mr. Andrew  Houston,  of Little  Rock,  Pulaski County, Arkansas, failed  and/or \nrefused to appear at the hearing.  \n \nThe respondents were represented by the Honorable Rick Behring, Jr., Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n       A hearing was conducted on Wednesday, January 22, 2025, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 \nLexis Replacement) and Commission Rule 099.13 (2025 Lexis Replacement).  \n       The claimant, Mr. Andrew Houston (the claimant), initially was represented by counsel in this \nclaim. On August 12, 2024, the claimant’s attorney, Mr. Mark Alan Peoples, filed a motion to \nwithdraw as the claimant’s attorney of record; and by hand-written letter dated August 15, 2024 \n(which  was  filed  with  the  Commission  on  August  20,  2024), the  claimant  agreed  with  Mr. \nPeoples’s request to withdraw as his attorney, and he stated he was in agreement “to withdraw his \n\nAndrew Houston, AWCC No. H403011 \n2 \n \ncase.” (Commission Exhibit 1). By order filed August 30, 2024, the Full Commission granted the \nclaimant’s attorney’s motion to withdraw. (Respondents’ Exhibit 1).  \n       On November 7, 2024, the respondents filed a motion to dismiss without prejudice and brief \nin support thereof (MTD) requesting this claim be dismissed for lack of prosecution pursuant to \nthe  aforementioned  statute  and  Commission  rule. In  compliance  with  the  applicable  law  the \nclaimant was provided due and legal notice of the respondents’ MTD, as well as the date, time, \nand location of the subject hearing. The claimant did not respond in writing to the respondents’ \nmotion in any way, and he failed and/or refused to appear at the subject hearing. \n        The  respondents’  MTD  and  brief  in  support  thereof  contains  a  thorough  and  accurate \nrecitation  of  all other relevant  facts. Consequently, I hereby incorporate the respondents’ MTD \nand brief in support thereof as if set forth word-for-word herein. (RX1). \n        The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. (Hearing Transcript; RX1 at 11). \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof  the  evidence  introduced  at  the  hearing and  contained  in  the  record conclusively  reveals  the \nclaimant has failed and/or refused to either request a hearing within the last six (6) months, and he \nhas taken no steps whatsoever to prosecute this claim. \n\nAndrew Houston, AWCC No. H403011 \n3 \n \n        Therefore,  after  a thorough consideration  of  the  facts,  issues,  the applicable  law, the \nrepresentations  of credible counsel, and  other relevant matters  of  record,  I  hereby  make  the \nfollowing: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nand brief in support thereof filed with the Commission on November 7, 2024, as well as \nnotice of the date, time, and place of the subject hearing, the claimant failed and/or refused \nto respond in any way to the respondents’ letter MTD and failed and/or refused to appear \nat the hearing. Therefore, the claimant is deemed to have waived his right to a hearing on \nthe respondents’ MTD. \n \n3. The claimant has not requested a hearing within the last six (6) months, and he has failed \nand/or refused to prosecute this claim. \n \n4. Therefore,  the respondents’ MTD without  prejudice  filed November  7,  2024,  should be \nand hereby is GRANTED;  and  this  claim is  dismissed  without  prejudice  to  its  refiling \npursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n        This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n        IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \nMP/mp \n\nAndrew Houston, AWCC No. H403011 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H403011 ANDREW HOUSTON, EMPLOYEE CLAIMANT COMPASS GROUP USA, INC., EMPLOYER RESPONDENT AIU INS. CO./ SEDGWICK CLAIMS MG’T SERVICES, INC., CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED JANUARY 23, 2025","fetched_at":"2026-05-19T22:44:40.782Z","links":{"html":"/opinions/alj-H403011-2025-01-23","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HOUSTON_ANDREW_H403011_20250123.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}