{"id":"alj-H403963-2025-07-30","awcc_number":"H403963","decision_date":"2025-07-30","opinion_type":"alj","claimant_name":"Lopez Foster","employer_name":"Miller Spectacular Shows LLC","title":"FOSTER LOPEZ VS. MILLER SPECTACULAR SHOWS LLC AWCC# H403963 July 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["hip"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_LOPEZ_DAVID_H403963_20250730.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FOSTER_LOPEZ_DAVID_H403963_20250730.pdf","text_length":2975,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H403963 \nDAVID K. FOSTER LOPEZ, EMPLOYEE    CLAIMANT \n \nMILLER SPECTACULAR SHOWS LLC, \nEMPLOYER          RESPONDENT \n \nSTAR INSURANCE COMPANY, \nINSURANCECARRIER/TPA       RESPONDENT \n \nOPINION AND ORDER FILED JULY 30, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Batesville, \nArkansas, was held on July 23, 2025. \nClaimant was pro-se and failed to appear. \nRespondents were represented by Anna Catherine Cargile, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on the 23\nrd\n day  of July,  2025, in \nBatesville, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute pursuant \nto Arkansas Code Ann. 11-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nCommission. The  claimant  was  pro  se  and failed  to  appear on  his own  behalf. The \nrespondents were represented by Anna Catherine Cargile of Little Rock, Arkansas.  \n A Form C was filed by the Claimant on June, 20\nth\n, 2024, alleging injuries to his hip, \nhand and heart on June 15, 2024. A second Form C was filed on or about September 5, \n2024,  alleging  the  same injuries. A third Form C  was  filed  on  October  8,  2024,  again \nalleging the same injuries.  \nThe  Claimant  was  originally  represented  by  Mark  Peoples, who was  allowed  to \nwithdraw  by  an  Order  of  the  Full  Commission, dated  December 9,  2024. A  Motion  to \n\nDAVID K. FOSTER-LOPEZ – H403963 \n2 \n \nDismiss  For  Failure  to  Prosecute  was  filed  on April  10,  2025, alleging  that  the  matter \nshould be dismissed due to a failure to prosecute pursuant to Rule 099.13 of the Arkansas \nWorkers’ Compensation Commission and also Arkansas Code Ann. 11-9-702 which \nprovides  for  dismissal  of  a  claim  if  no  bona  fide  request  for  a  hearing  has  been  made \nwithin six (6) months of the filing of the claim.  The Claimant failed to file a response to \nthe  Motion  to  Dismiss so an appropriate  notice  of  a  Motion  to  Dismiss  hearing  was \nprovided to the Claimant setting the hearing for July 23, 2025, at 11:30 a.m., in Batesville, \nArkansas.   \n A  hearing  was  held  on July 23, 2025, and  the  claimant failed  to  appear.    The \nRespondents  were  represented  by Anna  Catherine  Cargile,  who  requested  that  the \nmatter be dismissed pursuant to Rule 099.13 of the Arkansas Workers’ Compensation \nCommission and Arkansas Code Ann. 11-9-702. \n   \nORDER \n \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion to Dismiss without prejudice pursuant to Rule 099.13 of the Arkansas Workers’ \nCompensation Commission and Arkansas Code Ann. 11-9-702.   \nIT IS SO ORDERED. \n                 \n \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H403963 DAVID K. FOSTER LOPEZ, EMPLOYEE CLAIMANT MILLER SPECTACULAR SHOWS LLC, EMPLOYER RESPONDENT STAR INSURANCE COMPANY, INSURANCECARRIER/TPA RESPONDENT OPINION AND ORDER FILED JULY 30, 2025 The Hearing before Administrative Law Judge James D. Kennedy in ...","fetched_at":"2026-05-19T22:39:03.263Z","links":{"html":"/opinions/alj-H403963-2025-07-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_LOPEZ_DAVID_H403963_20250730.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}