{"id":"alj-H404546-2026-01-22","awcc_number":"H404546","decision_date":"2026-01-22","opinion_type":"alj","claimant_name":"Jacob Burns","employer_name":"United Parcel Service","title":"BURNS VS. UNITED PARCEL SERVICE AWCC# H404546 January 22, 2026","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BURNS_JACOB_H404546_20260122.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BURNS_JACOB_H404546_20260122.pdf","text_length":2315,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H404546 \n \nJACOB BURNS, Employee CLAIMANT \n \nUNITED PARCEL SERVICE, Employer RESPONDENT \n  \nLM INS. CORP., Carrier RESPONDENT \n \n OPINION FILED JANUARY 22, 2026  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Springdale, \nWashington County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas; although not \npresent at hearing. \n \nRespondent represented by DAVID C. JONES, Attorney, Little Rock, Arkansas. \n \n OPINION \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn August 19, 2024, Evelyn Brooks, claimant’s attorney, filed a Form AR-C requesting \nvarious compensation benefits in which the claimant alleged an injury to his left shoulder on or \nabout July  10,  2024;  however,  no  hearing  was  requested. No  further  action  was  taken  in  this \nclaim. \nOn October 17, 2025, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of prosecution. A hearing was scheduled for December 9, 2025. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on November 4, \n2025. United States Postal Department records indicate that claimant received and signed for the \nnotice on November 10, 2025. \n\nBurns – H404546 \n2 \n \nMs.  Brooks indicated by  email dated October  30,  2025, that she would  waive his \nappearance  at  the  hearing  and  further  indicated  that she had  no  objection  to  the  Motion  to \nDismiss “without prejudice.”    \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 my review of \nthe respondent’s Motion to Dismiss, Ms. Brooks’ response  thereto she had  no  objection  to  the \nMotion  to  Dismiss  without  prejudice,  and  the  claimant’s  failure  to  appear  at  the  scheduled \nhearing,  as  well  as  all  other  matters  properly  before  the  Commission,  I  find  that  claimant  has \nfailed to prosecute this claim. Therefore, this claim is dismissed without prejudice.   \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. H404546 JACOB BURNS, Employee CLAIMANT UNITED PARCEL SERVICE, Employer RESPONDENT LM INS. CORP., Carrier RESPONDENT OPINION FILED JANUARY 22, 2026 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Springdale, Washington County, Arkansas. Claimant re...","fetched_at":"2026-05-19T22:33:05.694Z","links":{"html":"/opinions/alj-H404546-2026-01-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BURNS_JACOB_H404546_20260122.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}