{"id":"alj-H404694-2024-12-17","awcc_number":"H404694","decision_date":"2024-12-17","opinion_type":"alj","claimant_name":"Clayton Abel","employer_name":"Easter Seals Arkansas","title":"ABEL VS. EASTER SEALS ARKANSAS AWCC# H404694 December 17, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","denied:2"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/ABEL_CLAYTON_B_H404694_20241217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ABEL_CLAYTON_B_H404694_20241217.pdf","text_length":2668,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H404694 \n \nCLAYTON B. ABEL, EMPLOYEE       CLAIMANT \n \nEASTER SEALS ARKANSAS, EMPLOYER,            RESPONDENT \n \nATA WORKERS’ COMP SI TRUST, CARRIER/ \nRISK MANAGEMENT RESOURCES, TPA           RESPONDENT \n  \n \n \nOPINION FILED 17 DECEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 11 December 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nWorley, Wood & Parrish, P.A., Mr. Jarrod Parrish, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 11 December 2024. This case relates to an alleged workplace injury \nsustained on or about 10 October 2022. A First Report of Injury was filed by the \nrespondents on 25 July 2024, and A Form AR-2 was filed the same day, denying that the \nclaimant was employed by the respondent. Prior to those filings, a Form AR-C was filed by \nthe claimant, on 23 July 2023, claiming injuries to the claimant’s shoulder. See \nRespondents’ Exhibit No 1. \n The respondents filed a Motion to Dismiss for Failure to Prosecute on 11 October \n2024, citing the applicable rule. The respondents appeared on 11 December 2024, presented \ntheir motion, and offered supporting evidence into the record.  \n The claimant did not appear. However, correspondence from the claimant’s mother \nwas entered into the record. See Commission’s Exhibit No 1. In telephone and email \n\nC. ABEL- H404694 \n2 \n \ncorrespondence with the Commission, the claimant’s mother stated that she was acting on \nbehalf of the claimant after some attempts to retain counsel. She advised that the claimant \nobjected to the dismissal of the claim and noted that difficulties with travel arrangements \nprevented their appearance. She requested additional time to prosecute the claim. \n Commission Rule 99.13 provides for a dismissal for failure to prosecute an action \nupon application by either party. Based on the record, the available evidence, and the \narguments of the respondents’ counsel, I find that the respondents’ Motion to Dismiss \nshould be denied without prejudice at this time. \n If the claimant is unable to retain counsel, he may seek assistance in prosecuting his \nclaim through the Commission’s Legal Advisor Division. Correspondence will be sent from \nthis office to the parties in anticipation of litigation continuing in this matter. \nORDER \n The Motion to Dismiss is DENIED WITHOUT PREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H404694 CLAYTON B. ABEL, EMPLOYEE CLAIMANT EASTER SEALS ARKANSAS, EMPLOYER, RESPONDENT ATA WORKERS’ COMP SI TRUST, CARRIER/ RISK MANAGEMENT RESOURCES, TPA RESPONDENT OPINION FILED 17 DECEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (A...","fetched_at":"2026-05-19T22:45:31.164Z","links":{"html":"/opinions/alj-H404694-2024-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/ABEL_CLAYTON_B_H404694_20241217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}