{"id":"alj-H403086-2025-04-30","awcc_number":"H403086","decision_date":"2025-04-30","opinion_type":"alj","claimant_name":"Marcus Johnson","employer_name":"Collier Investments","title":"JOHNSON VS. COLLIER INVESTMENTS AWCC# H403086 April 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_MARCUS_H403086_20250430.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOHNSON_MARCUS_H403086_20250430.pdf","text_length":11128,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n  \n                                                 AWCC CLAIM NO.: H403086 \n \nMARCUS L. JOHNSON,  \nEMPLOYEE                                                                                                                 CLAIMANT                                                    \n \nCOLLIER INVESTMENTS d/b/a MANPOWER,  \nEMPLOYER                                                                                                            RESPONDENT  \n \nGRANITE STATE INSURANCE COMPANY, \nINSURANCE CARRIER                                                                                        RESPONDENT \n                                                                             \nGALLAGHER BASSETT SERVICES, INC., \nTHIRD PARTY ADMINISTRATOR (TPA)                                                         RESPONDENT \n                                                                                                                                                                                  \n                                               \nOPINION FILED APRIL 30, 2025    \n \nHearing  held  before Administrative Law Judge Chandra L.  Black, in Texarkana, Miller \nCounty, Arkansas. \n  \nThe Claimant, Pro Se, did not appear at the hearing. \n \nThe Respondents represented by the Honorable Rick Behring, Jr., Attorney at Law, Little Rock, \nArkansas. \n \n                                                     STATEMENT OF THE CASE      \n \nThis matter comes before the Commission pursuant to the Respondents’ motion to dismiss, \nwhich  they filed with  the  Commission on  February  11,  2025.    A  hearing was  conducted  on  the \nRespondents’ motion on April 8, 2025, in Texarkana, Arkansas.   \nAccordingly,  the  sole  issue  for determination  at  the  dismissal hearing was whether  this \nclaim should be dismissed due to the Claimant’s failure to prosecute it  in a timely manner pursuant \nto the provisions of Ark. Code Ann. §11-9-702 (a)(4), §11-9-702 (d) (Repl. 2012), and/or Arkansas \nWorkers’ Compensation Commission Rule 099.13. \n\nJOHNSON – H403086 \n \n2 \n \n The record consists of the April 8, 2025, hearing transcript and the documentary evidence \nheld therein.  Specifically, the documents admitted into evidence include Commission’s Exhibit 1, \nconsisting of eight (8) pages; and Respondents’ Exhibit 1, comprising nine (9) numbered pages of \npleadings, forms, and correspondence, relating to this claim.   \n No testimony was taken at the hearing. \nReasonable notice of the dismissal hearing was had on all the parties in the manner set by   \nlaw.   \n        Discussion \nThe record reflects the following procedural history: \nThe Claimant filed  a  Form  AR-C  with the  Commission  on May  10,  2024,  asserting his \nentitlement  to Arkansas workers’  compensation  benefits. Per this  document, the Claimant \ndescribed the cause of his accidental injury essentially as follows: “I sustained injuries to the right \nside  of my face,  injuring  his  right  eye,  when I was  struck  by  a  piece  of  metal.”  He  alleged  an \ninjury  date  of  March  18,  2024.  The Claimant checked  off all the  boxes  for both initial and \nadditional workers’ compensation benefits.  Yet, at  that  time, the Claimant  made no bona  fide \nrequest for a hearing with respect to his claim.       \nSubsequently,  on December  9,  2024, the  Respondents filed  a  Form  AR-2  with  the \nCommission controverting the claim in its  entirety.  Specifically, per this document, the branch \nmanager wrote: “Claim denied. EE/employee is not an employee of Manpower.”   \nSince  the  filing  of  the  Form  AR-C  in  May  2024,  the  Claimant  has taken  no  action \nwhatsoever to prosecute or otherwise resolve his claim for workers’ compensation benefits. \nAs a result, on February 11, 2024, the Respondents filed with the Commission, a Motion \nto Dismiss and Incorporated Brief in Support.  This pleading was accompanied by a certificate of \n\nJOHNSON – H403086 \n \n3 \n \nservice confirming that the Respondents’ attorney served a copy of the foregoing pleading on the \nClaimant by mailing a copy thereof to him via the United States Postal Service.   \nI wrote the Claimant on February 14, 2025, notifying him of the Respondents’ motion to \ndismiss his claim due to a lack of prosecution.  This letter was sent via both certified mail and first-\nclass  mail to  the  address  the  Claimant  had  furnished  to  the  Commission. Per  this  letter,  the \nClaimant was given twenty (20) days from the date of the letter to file a response to the motion.  \nThe above letter  mailed  to  the  Claimant  by  first-class  mail  has  not  been  returned  to  the \nCommission.  However, on February 27, the letter mailed to the Claimant by certified mail was \nreturned to the Commission, stating, “Return to Sender – Not Deliverable as Addressed – Unable \nto Forward.”  \nThere was no response from the Claimant. \nOn  March 7, 2025, I  sent  a Notice  of  Hearing to  the  parties  notifying  them that I  had \nscheduled a hearing on the Respondents’ motion to dismiss.  I scheduled the dismissal hearing for \nTuesday, April 8, 2025, in Texarkana, Arkansas.   \nSaid notice was mailed to the Claimant by way of both certified and first-class mail.       \nOn March 18, the Postal Service returned the Claimant’s hearing notice to the Commission \nbecause they were unable to deliver this item to him.  However, the letter mailed to the Claimant \nvia first-class mail has not been returned to the Commission. The evidence thus preponderates that \nthe Claimant received notice of the hearing.    \nStill, there was no response from the Claimant.   \nHowever, the hearing on the Respondents’ motion to dismiss was held as scheduled.  The \nClaimant failed to appear at the hearing.  However, the Respondents appeared through counsel and \nargued that the case be dismissed without prejudice under Ark. Code Ann. §11-9-702 (a)(4), §11-\n\nJOHNSON – H403086 \n \n4 \n \n9-702 (d),  and Commission Rule  099.13 due to the Claimant’s failure to prosecute his claim.  \nSpecifically, counsel for the Respondents noted, among other things, that it is their position that   \nit has more than six (6) months after the filing of the Form AR-C, but the Claimant has never made \na bona fide hearing request.   \nAdjudication \nThe statutory provisions and Arkansas Workers’ Compensation Rule applicable to the \nRespondents’ motion for dismissal of this claim are outlined below:  \nSpecifically, Ark. Code Ann. §11-9-702(a)(4) provides:  \nIf within six (6) months after the filing of a claim for compensation, no bona fide \nrequest for a hearing has been made with respect to the claim, the claim may, upon \nmotion and after hearing, be dismissed without prejudice to the refiling of the claim \nwithin the limitation periods specified in subdivisions (a)(1)-(3) of this section. \n \nAdditionally, Ark. Code Ann. §11-9-702(d) provides:  \nIf within six (6) months after the filing of a claim for additional compensation, no \nbona fide request for a hearing has been made with respect to the claim, the claim \nmay, upon motion and after hearing, if necessary, be dismissed without prejudice \nto the refiling of the claim within the limitation period specified in subsection (b) \nof this section. \n \nCommission Rule 099.13 reads:  \n \nThe Commission may, in its discretion, postpone or recess hearings at the instance \nof either party or on its own motion.  No case set for hearing shall be postponed \nexcept by approval of the Commission or Administrative Law Judge. \n \nIn the event neither party appears at the initial hearing, the case may be dismissed \nby  the  Commission  or  Administrative  Law  Judge,  and  such  dismissal  order  will \nbecome  final  unless  an  appeal  is  timely  taken  therefrom  or  a  proper  motion  to \nreopen  is  filed with  the  Commission  within  thirty  (30)  days  from  receipt  of  the \norder. \n \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.  (Effective March 1, 1982) \n\nJOHNSON – H403086 \n \n5 \n \nThe evidence shows that the Claimant has failed to respond to the written notices of this \nCommission; and he did  not  appear  at  the  hearing  to  object  to  the  dismissal.   Moreover, the \nClaimant has not made a bona fide request for a hearing since the filing of the Form AR-C, which \nwas done more than six (6) months ago.  Thus, all the foregoing establishes that dismissal of this \nclaim is warranted under the provisions of Ark. Code Ann. §11-9-702 (a) (4), §11-9-702 (d), and \nRule 099.13 of this Commission.  Said dismissal is without prejudice, to the refiling of this claim \nwithin the limitation period specified by law.   \n                                 FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on the record, I hereby make the following findings of fact and conclusions of law \nin accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim. \n \n2. On May 10, 2024, the Claimant filed a Form AR-C with the Commission in \nthis matter asserting his entitlement to workers’ compensation benefits due \nto an accidental injury to his occurring on March 18, 2024. \n \n3. Since the  filing  of  the  Form  AR-C, more  than  six  (6)  months ago, the \nClaimant has not ever made a bona fide request for a hearing.    \n \n4. The  Respondents  filed  a Motion to Dismiss and Incorporated  Brief in \nSupport with the Commission on February 11, 2025, asking that the claim \nbe dismissed because the Claimant has never made a bona fide request for \na hearing and failed to prosecute his claim. \n \n5.         Reasonable notice of the motion to dismiss and hearing was had on all the \nparties.  However, the Claimant has failed to respond to the notices of this \nCommission and did not appear at the hearing to object to his claim being \ndismissed.   \n \n6.        The evidence preponderates that the Respondents’ motion to dismiss this  \n            claim for a lack of prosecution is warranted.   \n \n7.        That the Respondents’ motion to dismiss is hereby granted pursuant to Ark.  \nCode  Ann.  §11-9-702 (a)(4), §11-9-702 (d),  and  Rule 099.13 without \nprejudice, to the refiling of the claim within the specified limitation period.   \n\nJOHNSON – H403086 \n \n6 \n \nORDER \nIn accordance with the foregoing findings of fact and conclusions of law, this claim is  \nhereby dismissed without prejudice, pursuant to Ark. Code Ann. §11-9-702 and Commission Rule \n099.13 to the refiling of it within the specified limitation period.        \nIT IS SO ORDERED. \n   \n                                                                     ________________________________ \n                                                                                     CHANDRA L. BLACK  \n                                                    Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC CLAIM NO.: H403086 MARCUS L. JOHNSON, EMPLOYEE CLAIMANT COLLIER INVESTMENTS d/b/a MANPOWER, EMPLOYER RESPONDENT GRANITE STATE INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT GALLAGHER BASSETT SERVICES, INC., THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT OPINION FIL...","fetched_at":"2026-05-19T22:42:14.070Z","links":{"html":"/opinions/alj-H403086-2025-04-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_MARCUS_H403086_20250430.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}