{"id":"alj-H404671-2025-05-12","awcc_number":"H404671","decision_date":"2025-05-12","opinion_type":"alj","claimant_name":"Michael Toska","employer_name":"City Of Hot Springs","title":"TOSKA VS. CITY OF HOT SPRINGS AWCC# H404671 May 12, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/TOSKA_MICHAEL_H404671_20250512.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TOSKA_MICHAEL_H404671_20250512.pdf","text_length":5395,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404671 \n \n \nMICHAEL J. TOSKA, \nEMPLOYEE CLAIMANT \n \nCITY OF HOT SPRINGS, \nEMPLOYER RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE \nWORKERS’ COMPENSATION PROGRAM/ \nARK. MUNICIPAL LEAGUE, \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED MAY 12, 2025 \n \nHearing conducted on Friday, May 9, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Hot Springs, \nGarland County, Arkansas. \n \nThe claimant, Mr. Michael J. Toska, pro se, of Hot Springs, Garland County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondent was represented by the Honorable Mary K. Edwards, Ark. Municipal League, \nLittle Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Friday, May 9, 2025, to determine whether this claim should be \ndismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and Commission Rule 099.13 (2025 Lexis Replacement). \n The claimant herein previously was represented by counsel, Mark Alan Peoples. By Full \nCommission order filed October 20, 2024, the Full Commission granted Mr. Peoples’s request to \nwithdraw as the claimant’s counsel. On March 6, 2025, the respondents filed a motion to dismiss \nfor failure to prosecute (MTD) with the Commission. (Respondent’s Exhibit 1 at 2-3). \n\nMichael J. Toska, AWCC No. H404302 \n2 \n \n In compliance with the applicable law the claimant was provided due and legal notice of the \nrespondents’ MTD as well as the date, time, and location of the subject hearing, which he received \non March 11, 2025. (Commission Exhibit 1; RX1 at 4-7). The claimant did not respond to the \nrespondents’ motion in any way, and he failed and/or refused to appear at the subject hearing. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \n \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ MTD. \nRather than recite a detailed analysis of the record, suffice it to say the preponderance of the \nevidence introduced at the hearing and contained in the record conclusively reveals the claimant \nhas failed and/or refused to either request a hearing within the last six (6) months, and he has taken \nno steps whatsoever to prosecute this claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, the \nrepresentations of credible counsel, and other relevant matters of record, I hereby make the \nfollowing: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nfiled with the Commission on March 6, 2025, as well as notice of the date, time, and place \nof the subject hearing, the claimant failed and/or refused to respond in any way to the \nrespondents’ MTD, and he failed and/or refused to appear at the hearing. Therefore, the \nclaimant is deemed to have waived his right to a hearing on the respondents’ MTD. \n\nMichael J. Toska, AWCC No. H404302 \n3 \n \n \n3. The claimant has not requested a hearing within the last six (6) months, and he has failed \nand/or refused to prosecute this claim. \n \n4. The respondents’ MTD without prejudice filed March 6, 2025, should be and hereby is \nGRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the \ndeadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission \nRule 099.13. \n \n This opinion shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice 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 \nMP/mp \n \n \n \n\nMichael J. Toska, AWCC No. H404302 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404671 MICHAEL J. TOSKA, EMPLOYEE CLAIMANT CITY OF HOT SPRINGS, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE WORKERS’ COMPENSATION PROGRAM/ ARK. MUNICIPAL LEAGUE, CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:40:35.934Z","links":{"html":"/opinions/alj-H404671-2025-05-12","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/TOSKA_MICHAEL_H404671_20250512.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}