{"id":"alj-H404582-2025-04-30","awcc_number":"H404582","decision_date":"2025-04-30","opinion_type":"alj","claimant_name":"Kevin Martin","employer_name":"Rock Region Metro","title":"MARTIN VS. ROCK REGION METRO AWCC# H404582 April 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:3"],"injury_keywords":["neck","shoulder","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Martin_Kevin_H404582_20250430.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Martin_Kevin_H404582_20250430.pdf","text_length":5748,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H404582 \n \nKEVIN D. MARTIN, \nEMPLOYEE                                                                                                              CLAIMANT \n \nROCK REGION METRO, \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nRISK MANAGEMENT RESOURCES, \nTPA                                                                                                                        RESPONDENT \n \n \nOPINION FILED APRIL 30, 2025 \n \nHearing conducted on Wednesday, April 16, 2025, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Mr. Kevin D. Martin, Pro Se, of Scott, Arkansas.  \n \nThe Respondents were represented by Melissa Wood, Attorney at Law, Little Rock, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non February 13, 2025.  A hearing on the motion was conducted on April 16, 2025, in Little Rock, \nArkansas.  Claimant, according to Commission file is Pro Se, failed to appear at the hearing.  \nThe  Claimant  worked  for  the  Respondent/Employer  as  a bus  operator.  The  date  for \nClaimant’s alleged injury was on May 15, 2024. He reported his injury to Respondent/Employer \non the  same  day. Respondents  admitted into  the  record Respondents’  Exhibit 1,  pleadings, \nconsisting of 8 pages. The Commission has admitted into evidence Commission Ex. 1, pleadings, \ncorrespondence, and U.S. Mail return receipts, consisting of 7 pages, as discussed infra. \nThe  record  reflects  on July 18,  2024,  a  Form  AR-C  was  filed  with  the  Commission \npurporting that Claimant was involved in a vehicle accident where he allegedly injured his neck, \n\nMARTIN, AWCC No. H404582 \n \n2 \n \nright shoulder, left lower leg, and low back. On July 24, 2024, a Form AR-1 was filed with the \nCommission purporting that Claimant’s disability began July 19, 2024. On July 26, 2024, a Form \nAR-2 was filed by Respondents neither accepting nor denying compensability. However, based on \nargument by Respondents’ counsel, Melissa Wood, during the hearing, the claim was accepted as \n“medical only”. Respondents’ counsel also argued that Dr. Wayne Bruffett found that Claimant \nhad reached maximum medical recovery on August 21, 2024.  \nOn February 13, 2025, Respondents’ counsel filed a Motion to Dismiss due to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on February 14, 2025, notice of the Motion \nto  Dismiss, via certified  and  regular  U.S.  Mail,  to  his last  known  address.  The  certified motion \nnotice was claimed by Claimant as noted on the February 21, 2025, return receipt. The Claimant \ndid not respond  to  the  Motion,  in  writing,  as  required. Thus,  in  accordance  with  applicable \nArkansas law, the Claimant was mailed due and proper legal notice of Respondents’ Motion to \nDismiss hearing date at his current address of record via the United States Postal Service (USPS), \nFirst Class Certified Mail, Return Receipt Requested, and regular First-Class Mail, on March 14, \n2025. The certified notice was claimed on March 18, 2025, return notice. The hearing took place \non April 16, 2025. And as mentioned before, 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 16, 2025, \nhearing. \n \n\nMARTIN, AWCC No. H404582 \n \n3 \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, on the Respondents’ Motion to Dismiss. The certified hearing notice was \nclaimed on March 18, 2025, per the return postal notice bearing the same date. Thus, I find by the \npreponderance of the evidence that reasonable notice was given to the 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 July \n18,  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\nMARTIN, AWCC No. H404582 \n \n4 \n \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H404582 KEVIN D. MARTIN, EMPLOYEE CLAIMANT ROCK REGION METRO, SELF-INSURED EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, TPA RESPONDENT OPINION FILED APRIL 30, 2025 Hearing conducted on Wednesday, April 16, 2025, before the Arkansas Workers’ Compensation Com...","fetched_at":"2026-05-19T22:42:16.139Z","links":{"html":"/opinions/alj-H404582-2025-04-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Martin_Kevin_H404582_20250430.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}