{"id":"alj-H403725-2025-12-17","awcc_number":"H403725","decision_date":"2025-12-17","opinion_type":"alj","claimant_name":"Victor Amador","employer_name":"Shepard Construction, LLC","title":"AMADOR VS. SHEPARD CONSTRUCTION, LLC AWCC# H403725 December 17, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":["neck","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/AMADOR_VICTOR_H403725_20251217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"AMADOR_VICTOR_H403725_20251217.pdf","text_length":2956,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H403725 \n \nVICTOR JUAREZ AMADOR, Employee CLAIMANT \n \nSHEPARD CONSTRUCTION, LLC, Employer RESPONDENT \n \nACCIDENT FUND NATIONAL INS. CO., Carrier RESPONDENT \n \n \n \n OPINION FILED DEEMBER 17, 2025 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by KAREN H. MCKINNEY, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss.  \n On May  15,  2024,  the  claimant’s attorney, Lauri Thomas, filed  an  AR-C  requesting \nvarious compensation benefits which alleged injuries to the claimant’s thumb, ring finger, neck, \nchest,  elbow,  head,  forearm,  back  pelvis  and  abdomen on  or  about April  29,  2024. On  July  16, \n2025,  Ms.  Thomas  filed  a  Motion  to  Withdraw  as  Counsel  and  that  motion  was  granted  by  the \nFull Commission by Order filed July 30, 2025. No further action was taken on this claim. \nOn August 13, 2025, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of  prosecution. A hearing  was scheduled  for October 28, 2025. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on September 16, \n2025.  That  certified  mail  notice  was  returned  to  the  Commission  by  the  Post  Office  with  a \nnotation “Return to Sender. Unclaimed.  Unable  to  Forward.” At  the  hearing,  it  was  discovered \n\nAmador – H403725 \n \n-2- \nthat the notice of hearing was sent to the claimant’s previous address. On October 28, 2025, a \nletter  was  sent  by  certified  mail,  return  receipt  requested  to  the  claimant  at  his  current  address \ninforming him that a hearing was held regarding the Motion to Dismiss filed by the respondents, \ngiving  the  claimant  45  days  to  respond  if  he  had  any  objections  to  the  dismissal  of  his  claim. \nThat  letter  was  returned  to  the Commission  by  the  Post  Office,  with a  notation  “Return  to \nSender. Attempted, Not Known. Unable to Forward.” \nPursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule  099.13),  the \nCommission may enter an order dismissing a claim for want of prosecution After a review of the \nrespondents’ Motion to Dismiss, the claimant’s lack of desire to pursue his claim, and his failure \nto appear at the scheduled hearing, as well as all other matters properly before the Commission, I \nfind  that  claimant  has  failed  to  prosecute  this  claim.  Therefore,  this  claim  is  dismissed  without \nprejudice. \n IT IS SO ORDERED. \n \n                                ____________________________                                               \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H403725 VICTOR JUAREZ AMADOR, Employee CLAIMANT SHEPARD CONSTRUCTION, LLC, Employer RESPONDENT ACCIDENT FUND NATIONAL INS. CO., Carrier RESPONDENT OPINION FILED DEEMBER 17, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington...","fetched_at":"2026-05-19T22:33:47.370Z","links":{"html":"/opinions/alj-H403725-2025-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/AMADOR_VICTOR_H403725_20251217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}