{"id":"alj-H403030-2025-08-26","awcc_number":"H403030","decision_date":"2025-08-26","opinion_type":"alj","claimant_name":"Kevin Gilliam","employer_name":"All American Poly Corp","title":"GILLIAM VS. ALL AMERICAN POLY CORP. AWCC# H403030 August 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:3"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Gilliam_Kevin_H403030_20250826.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Gilliam_Kevin_H403030_20250826.pdf","text_length":6028,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H403030 \n \nKEVIN L. GILLIAM, \nEMPLOYEE                                                                                                              CLAIMANT \n \nALL AMERICAN POLY CORP., \nEMPLOYER                                                                                                         RESPONDENT  \n \nTRAVELERS INDEMNITY CO. of AMERICA, \nCARRIER/TPA                                                                                                    RESPONDENT \n \n \nOPINION FILED AUGUST 26, 2025 \n \nHearing conducted on Tuesday, July 29,  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. Kevin L. Gilliam, Pro Se, of Mulberry, 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 May  15,  2025.    A  hearing  on  the  motion  was  conducted  on July 29,  2025,  in Little  Rock, \nArkansas.  Claimant, according to Commission file is Pro Se, failed to appear at the hearing.  \nThe Claimant worked for the Respondent/Employer as a machinist. The date for Claimant’s \nalleged injury was on November 4, 2023. He reported his injury to Respondent/Employer on the \nsame  day. Respondents  admitted into  the  record Respondents’  Exhibit 1,  pleadings,  and \ncorrespondence, consisting of 13 pages. The Commission has admitted into evidence Commission \nEx. 1, correspondence, and U.S. Mail return receipts, consisting of 8 pages, as discussed infra. \n\nGILLIAM, AWCC No. H403030 \n \n2 \n \nThe  record  reflects  on May  7,  2024,  a  Form  AR-C  was  filed  with  the  Commission by \nClaimant’s then-counsel, Mark Peoples, purporting that Claimant sustained work-related injuries \nto his right hand. On May 22, 2024, a Form AR-1 was filed with the Commission purporting that \nClaimant’s disability specifically occurred when his (right) arm was caught in a winder from an \nextrusion  machine. Also  on  May  22,  2024,  a  Form  AR-2  was  filed by  Respondents accepting \ncompensability, medical only, for the crush injury to his right arm. Claimant filed for a change of \nphysician on September 13, 2024. This request was granted on January 8, 2025, thus changing his \nphysician from Dr. Clint Bearden to Dr. Austin Cole. On March 4, 2025, Claimant’s counsel filed \na motion to withdraw as counsel. The Full Commission granted the motion on April 9, 2025.  \nOn May  15,  2025, Respondents’ counsel filed  a  Motion  to  Dismiss due  to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on May 19, 2025, notice of the Motion to \nDismiss, via certified and regular U.S. Mail, to his last known address. The certified motion notice \nwas claimed  by  Claimant as  noted on  the May 22,  2025,  return  receipt. The  Claimant  did not \nrespond to the Motion, in writing, as required. Thus, in accordance with applicable Arkansas law, \nthe Claimant was mailed due and proper legal notice of Respondents’ Motion to Dismiss hearing \ndate  at  his current  address  of  record  via  the  United  States  Postal  Service  (USPS),  First  Class \nCertified  Mail,  Return  Receipt  Requested,  and  regular  First-Class  Mail,  on June 26,  2025.  The \ncertified  notice  was  claimed on June  30, 2025, as  noted  by  the return receipt.  The  hearing  took \nplace on July 29, 2025. And as mentioned before, the Claimant did not show 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\nGILLIAM, AWCC No. H403030 \n \n3 \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had  reasonable  notice  of  the July 29,  2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed  to  prosecute  his  claim  under 11  C.A.R. § 25-110  (formerly AWCC  Rule \n099.13. ) \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION \n 11 C.A.R. §  25-110 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an  action \npending before the Commission, requesting that the claim be dismissed for want of \nprosecution, the Commission may, upon reasonable notice to all parties, enter an \norder dismissing the claim for want of prosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \nConsistent with 11 C.A.R. §  25-110, the Commission scheduled and conducted a hearing, \nwith reasonable notice, on the Respondents’ Motion to Dismiss. The certified hearing notice was \nclaimed on June 30, 2025, per the return postal notice bearing the same date. Thus, I find by the \npreponderance of the evidence that reasonable notice was given to the Claimant.  \nFurthermore, 11 C.A.R. §  25-110 allows the Commission, upon meritorious application, \nto dismiss an action pending before it due to a want of prosecution. The Claimant filed his Form \nAR-C on May 7, 2024. Since then, he has failed to request a bona fide hearing. Therefore, I do \nfind by the preponderance of the evidence that Claimant has failed to prosecute his claim by failing \nto request a hearing. Thus, Respondents’ Motion to Dismiss should be granted. \n\nGILLIAM, AWCC No. H403030 \n \n4 \n \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. H403030 KEVIN L. GILLIAM, EMPLOYEE CLAIMANT ALL AMERICAN POLY CORP., EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO. of AMERICA, CARRIER/TPA RESPONDENT OPINION FILED AUGUST 26, 2025 Hearing conducted on Tuesday, July 29, 2025, before the Arkansas Workers’ Compens...","fetched_at":"2026-05-19T22:38:00.329Z","links":{"html":"/opinions/alj-H403030-2025-08-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Gilliam_Kevin_H403030_20250826.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}