{"id":"alj-H403297-2025-08-29","awcc_number":"H403297","decision_date":"2025-08-29","opinion_type":"alj","claimant_name":"Tony Flaherty","employer_name":"Envoy Air, Inc","title":"FLAHERTY VS. ENVOY AIR, INC. AWCC# H403297 August 28, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/FLAHERTY_TONY_H403297_20250829.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FLAHERTY_TONY_H403297_20250829.pdf","text_length":5110,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H403297 \n \n \nTONY FLAHERTY, \nEMPLOYEE CLAIMANT \n \nENVOY AIR, INC., \nEMPLOYER RESPONDENT \n \nAIU INS. CO./SEDGWICK CLAIMS MG’T SERVICES, INC. \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION FILED AUGUST 29, 2025, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Thursday, August 28, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Mr. Tony Flaherty, pro se, failed and/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Randy P. Murphy, Anderson, Murphy & \nHopkins, Little Rock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, August 28, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly cited \nas Commission Rule 099.13 (2025 Lexis Replacement)). \n The respondents filed a motion to dismiss this claim without prejudice for lack of prosecution \n(MTD) on April 18, 2025. (Respondents’ Exhibit 1 at 1-2). In accordance with the applicable law \nthe claimant was provided due and legal notice of both the respondents’ MTD as well as the date, \n\nTony Flaherty, AWCC No. H403297 \n2 \n \ntime, and place of the subject hearing. Thereafter, the claimant failed and/or refused to respond to \nthe respondents’ motion in any way, or to appear at the subject hearing. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the \nrespondents’ MTD. Rather than recite a detailed analysis of the record, suffice it to say the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has failed and/or refused to either actively prosecute his claim or to request a \nhearing within the last six (6) months. \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, I hereby make the following: \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 both the respondents’ MTD without \nprejudice filed with the Commission on April 18, 2025, as well as due and legal notice of \nthe date, time, and place of the subject hearing, the claimant failed and/or refused to \nrespond to the MTD in any way and failed and/or refused to appear at the subject hearing. \n \n3. The claimant has not requested a hearing within the last six (6) months and has taken no \nsteps to raise any issues related to or to prosecute this claim. \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD \nwithout prejudice filed April 18, 2025, should be and hereby is GRANTED; and this claim \nis dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. \n\nTony Flaherty, AWCC No. H403297 \n3 \n \nCode Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) (formerly cited as \nCommission Rule 099.13). \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n ____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n\nTony Flaherty, AWCC No. H403297 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H403297 TONY FLAHERTY, EMPLOYEE CLAIMANT ENVOY AIR, INC., EMPLOYER RESPONDENT AIU INS. CO./SEDGWICK CLAIMS MG’T SERVICES, INC. CARRIER/TPA RESPONDENT OPINION FILED AUGUST 29, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE Hearing conducte...","fetched_at":"2026-05-19T22:38:08.613Z","links":{"html":"/opinions/alj-H403297-2025-08-29","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/FLAHERTY_TONY_H403297_20250829.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}