{"id":"alj-H403871-2025-06-24","awcc_number":"H403871","decision_date":"2025-06-24","opinion_type":"alj","claimant_name":"Timothy Young","employer_name":"Ditta Enterprises, Inc","title":"YOUNG VS. DITTA ENTERPRISES, INC. AWCC# H403871 June 24, 2025","outcome":"dismissed","outcome_keywords":["dismissed:11","granted:3"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Young_Timothy_H403871_20250624.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Young_Timothy_H403871_20250624.pdf","text_length":6461,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H403871 \n \nTIMOTHY YOUNG, \nEMPLOYEE                                                                                                              CLAIMANT \n \nDITTA ENTERPRISES, INC., \nEMPLOYER                                                                          RESPONDENT  \n \nBRIDGEFIELD CASUALTY INS. CO., \nINSURANCE CARRIER                                                                                     RESPONDENT \n \nSUMMIT CONSULTING, LLC, \nTPA                                                                                                                        RESPONDENT \n \n \nOPINION FILED JUNE 24, 2025 \n \nHearing conducted on Friday, April 25,  2025,  before  the  Arkansas  Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Jonesboro, \nCraighead County, Arkansas. \n \nThe Claimant, Mr. Timothy Young, Pro Se, of Walnut Ridge, Arkansas.  \n \nThe Respondents  were represented by Mr.  Michael Ryburn,  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 December 31, 2024.  A hearing on the motion was conducted on April 25, 2025, in Jonesboro, \nArkansas.  Claimant, according to Commission file is Pro Se, failed to appear at the hearing.  \nThe  Claimant  worked  for  the  Respondent/Employer  as  an  associate.  The  date  for \nClaimant’s  alleged  injury  was  on February    15,    2023. He reported    his injury    to \nRespondent/Employer on the  same  day. Respondents  admitted into  the  record Respondents’ \nExhibit 1, Form AR-C and motion to dismiss, consisting of 2 pages. The Commission has admitted \n\nYOUNG, AWCC No. H403871 \n \n2 \n \ninto evidence Commission Ex. 1, correspondence, and U.S. Mail return receipts, consisting of 6 \npages, as discussed infra. \nThe  record  reflects that on June  16,  2024,  a  Form  AR-C  was  filed by Claimant’s then-\nattorney, Mark Peoples, with the Commission purporting that Claimant injured his right shoulder, \nand arm  in  a  work  incident. On June  21,  2024,  a  Form  AR-1  was  filed  with  the  Commission \npurporting that Claimant’s disability began February 15, 2023. Also on June 21, 2024, a Form AR-\n2  was  filed by  Respondents denying compensability. On  June  24,  2024,  the  Ryburn  Law  Firm \nentered  its  entry  of  appearance on  the  behalf  of  the  Respondents. Claimant’s counsel, Mark \nPeoples, filed a Motion to Withdraw on September 30, 2024. The Full Commission granted the \nmotion on October 18, 2024. \nOn December 31, 2024, Respondents’ counsel filed a Motion to Dismiss due to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on January 3, 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 January  14,  2025,  return  receipt. Nevertheless,  the \nClaimant  did not respond  to  the Motion,  in  writing,  as  required. Thus,  in  accordance  with \napplicable Arkansas law, the Claimant was mailed due and proper legal notice of Respondents’ \nMotion to Dismiss hearing date at his current address of record via the United States Postal Service \n(USPS),  First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-Class  Mail,  on \nJanuary 31, 2025. The certified notice was claimed on February 15, 2025, return receipt.  \nThe  Motion  to  Dismiss  Hearing  had  to  be  rescheduled to  April  25, 2025.    Thus,  in \naccordance with applicable Arkansas law, the Claimant was mailed due and proper legal notice of \nRespondents’ Motion to Dismiss hearing date at his current address of record via the United States \nPostal  Service  (USPS), First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-\n\nYOUNG, AWCC No. H403871 \n \n3 \n \nClass Mail, on February 21, 2025. The certified notice was claimed on February 24, 2025, return \nreceipt.  The hearing took place on April 25, 2025. 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):  \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had reasonable notice of the April 25, 2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION \n AWCC 099.13 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 AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith reasonable notice to the Claimant, on the Respondents’ Motion to Dismiss hearing date. The \ncertified hearing notice was claimed on February 24, 2025, per the return postal notice bearing the \n\nYOUNG, AWCC No. H403871 \n \n4 \n \nsame date. Thus, I find by the preponderance of the evidence that reasonable notice was given to \nthe Claimant.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant filed his Form AR-C on June \n16,  2024.  Since  then,  he  has  failed  to  request  a bona  fide hearing.  Therefore,  I  do  find  by  the \npreponderance of the evidence that Claimant has failed to prosecute his claim by failing to request \na hearing. Thus, Respondents’ Motion to Dismiss should be granted. \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. H403871 TIMOTHY YOUNG, EMPLOYEE CLAIMANT DITTA ENTERPRISES, INC., EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INS. CO., INSURANCE CARRIER RESPONDENT SUMMIT CONSULTING, LLC, TPA RESPONDENT OPINION FILED JUNE 24, 2025 Hearing conducted on Friday, April 25, 2025, b...","fetched_at":"2026-05-19T22:40:02.354Z","links":{"html":"/opinions/alj-H403871-2025-06-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Young_Timothy_H403871_20250624.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}