{"id":"alj-H403795-2025-05-06","awcc_number":"H403795","decision_date":"2025-05-06","opinion_type":"alj","claimant_name":"Paul Simpson","employer_name":"Saint Jean Industries","title":"SIMPSON VS. SAINT JEAN INDUSTRIES AWCC# H403795 May 06, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SIMPSON_PAUL_H403795_20250506.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SIMPSON_PAUL_H403795_20250506.pdf","text_length":3175,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H 403795 \nPAUL A. SIMPSON, EMPLOYEE     CLAIMANT \n \nSAINT JEAN INDUSTRIES, EMPLOYER                              RESPONDENT \n \nTRAVELERS PROPERTY CAS. OF AMERICA, \nCARRIER/TPA            RESPONDENT \n \n OPINION AND ORDER DATED MAY 6, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Clinton, \nArkansas, was held on April 30, 2025. \nThe claimant was pro-se and failed to appear. \nRespondents were represented by Guy Alton Wade, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above  styled  matter  on the 30\nth\n day  of April 2025, in \nClinton Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArk. Code Ann. 11-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.   \nThe claimant was pro se and failed to appear on his own behalf. The respondents were \nrepresented  by Guy  Alton  Wade, Arkansas,  who introduced  thirteen  (13)  pages  of \ndocuments which were admitted into the evidentiary record.   \n The documents  included  a  First  Report  of  Injury  which  provided  the  employee \ncontended that he had lifted an automobile part off a rack and then turned, when he felt \na pop in his back on June 2, 2024. A Form C was filed which provided that the accident \noccurred on June 2, 2024.  A Form AR- 2, dated June 17, 2024, stated there was no injury \nper  statutory  definition and  the  carrier  was  awaiting  medical  records.  A  letter  from  the \nRespondent’s attorney along  with statements  at  the  time  of  the  hearing provided the \n\nPaul A. Simpson – H403795 \n2 \n \ndiscovery propounded to the Claimant on June 28, 2025, was never answered. However, \nthe Respondents did respond to the Claimant’s discovery on or about August 12, 2024.  \nThe Claimant had been previously represented by Mark Alan Peoples, who was allowed \nto  withdraw  by  an  Order  of  the  Full  Commission, dated  February  12,  2025. The \nRespondents filed a Motion to Dismiss by letter dated February 20, 2025, and asked that \nthe  matter  be  dismissed  for  lack  of  prosecution, stating  that discovery  remained \noutstanding.   \n No  response  was  filed  by  the  Claimant  so an appropriate  notice  of  a  Motion  to \nDismiss hearing was provided to the Claimant setting the hearing for April 30, 2025, at \n10:00 a.m., in Clinton, Arkansas.   \n A  hearing  was  held  on April 30, 2025, and  the  claimant failed  to  appear.  The \nRespondents were represented by Guy Alton Wade, who requested that the matter be \ndismissed pursuant to Rule 099.13 of the Arkansas Workers’ Compensation Commission \nand Ark. Code Ann. 11-9-702.    \nORDER \n Pursuant to the above statement of the case, as well as the documents entered \ninto the evidentiary record and statements by the attorney for the Respondents, there is \nno alternative but to grant the Motion to Dismiss without prejudice pursuant to Rule 099.13 \nof the Arkansas Workers’ Compensation Commission and Ark. Code Ann. 11-9-702.   \nIT IS SO ORDERED. \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H 403795 PAUL A. SIMPSON, EMPLOYEE CLAIMANT SAINT JEAN INDUSTRIES, EMPLOYER RESPONDENT TRAVELERS PROPERTY CAS. OF AMERICA, CARRIER/TPA RESPONDENT OPINION AND ORDER DATED MAY 6, 2025 The Hearing before Administrative Law Judge James D. Kennedy in Clinton, Ar...","fetched_at":"2026-05-19T22:40:23.411Z","links":{"html":"/opinions/alj-H403795-2025-05-06","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SIMPSON_PAUL_H403795_20250506.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}