{"id":"alj-H404420-2024-10-04","awcc_number":"H404420","decision_date":"2024-10-04","opinion_type":"alj","claimant_name":"James Reese","employer_name":"Mcdonalds Store 25829","title":"REECE VS. MCDONALDS STORE 25829 AWCC# H404420 October 04, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/REESE_JAMES_H404220_20241004.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"REESE_JAMES_H404220_20241004.pdf","text_length":4929,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404420 \n \nJAMES F. REECE, \nEMPLOYEE CLAIMANT \n \nMCDONALDS STORE 25829 \nEMPLOYER RESPONDENT \n \nARKANSAS MCDONALDS’ SELF-INSURED TRUST/ \nRISK MG’T RESOURCES, INC. \nCARRIER/TPA RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED OCTOBER 4, 2024 \n \nHearing conducted on Thursday, October 3, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. James F. Reece, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Jarrod Parrish, Wood & Parrish, Little Rock, \nPulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, October 3, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n On August 9, 2024, the respondents filed with the Commission a motion to dismiss this claim \nwithout prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, \npursuant to the applicable law the claimant was provided due and legal notice of both the \nrespondents’ MTD, as well as notice of the subject hearing to his last known of address on record \nwith the Commission via the United States Postal Service (USPS), Certified Mail, Return Receipt \n\nJames F. Reece, AWCC No. H404420 \n2 \n \nRequested. Thereafter, the claimant failed and/or refused to respond to the subject MTD and/or \nhearing notice in any way, and he failed and/or refused to appear at the hearing. (Respondents’ \nExhibit; Hearing Transcript). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand/or attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 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 to date failed and/or refused to prosecute his claim. \n Therefore, after a thorough consideration of the applicable law as applied to the facts of this \nclaim, the issues, and other relevant matters of record, as well as 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 received due and legal notice of the respondents’ motion to dismiss without \nprejudice filed with the Commission on August 8, 2024, as well as notice of the subject \nhearing date, time, and place, the claimant failed and/or refused respond to the MTD, and \nhe failed and/or refused to appear at the subject hearing. Therefore, he is deemed to have \nwaived his right to a hearing on the respondents’ MTD herein. \n \n3. The preponderance of the evidence compels the decision the respondents’ subject motion \nto dismiss without prejudice filed August 8, 2024, should be and hereby is GRANTED; \nand this claim hereby is dismissed without prejudice to its refiling pursuant to the deadlines \nprescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission Rule 099.13. \n \n\nJames F. Reece, AWCC No. H404420 \n3 \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____________________________ \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 \n \nMP/mp \n \n \n \n\nJames F. Reece, AWCC No. H404420 \n4 \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","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404420 JAMES F. REECE, EMPLOYEE CLAIMANT MCDONALDS STORE 25829 EMPLOYER RESPONDENT ARKANSAS MCDONALDS’ SELF-INSURED TRUST/ RISK MG’T RESOURCES, INC. CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED OCTOBER 4, 2024","fetched_at":"2026-05-19T22:47:20.454Z","links":{"html":"/opinions/alj-H404420-2024-10-04","pdf":"https://labor.arkansas.gov/wp-content/uploads/REESE_JAMES_H404220_20241004.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}