{"id":"alj-H404732-2025-10-28","awcc_number":"H404732","decision_date":"2025-10-28","opinion_type":"alj","claimant_name":"Timothy Wise","employer_name":"T&j Specialty","title":"WISE VS. T&J SPECIALTY AWCC# H404732 October 28, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WISE_TIMOTHY_H404732_20251028.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WISE_TIMOTHY_H404732_20251028.pdf","text_length":2244,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H404732 \n \nTIMOTHY WISE, Employee      CLAIMANT \n \nT&J SPECIALTY, Employer      RESPONDENT \n \nACCIDENT FUND INS. CO., Carrier/TPA     RESPONDENT \n \n \n OPINION FILED OCTOBER 28, 2025  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant represented by KENNETH J. KIEKLAK, Attorney at Law, Fayetteville, Arkansas.  \n \nRespondent represented by GUY ALTON WADE, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn August 15, 2024, the claimant’s attorney, Kenneth Kieklak, filed an AR-C requesting \nvarious compensation benefits in which he alleged injuries to his head and bilateral wrists on or \nabout July 22, 2024. The claim was accepted as compensable, and all related benefits were paid. \nNo further action was taken regarding this claim. \n On May 22, 2025, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was  scheduled for October 2, 2025. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on August  4,  2025. \nUnited States Postal Department records indicate that claimant received and signed for the notice \non August  6,  2025. Claimant did not appear at the scheduled hearing.  Claimant’s attorney did \n\nWise – H404732 \n \n-2- \nappear at the hearing and set forth that she had no objection to the dismissal of the claimant’s \nclaim as all appropriate benefits had been paid. \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 respondents’ Motion to Dismiss, the claimant’s attorney’s agreement to the dismissal, and all \nother  matters  properly  before  the  Commission, I  find  that  claimant  has  failed  to  prosecute  this \nclaim. Therefore, this claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H404732 TIMOTHY WISE, Employee CLAIMANT T&J SPECIALTY, Employer RESPONDENT ACCIDENT FUND INS. CO., Carrier/TPA RESPONDENT OPINION FILED OCTOBER 28, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Cla...","fetched_at":"2026-05-19T22:35:59.458Z","links":{"html":"/opinions/alj-H404732-2025-10-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WISE_TIMOTHY_H404732_20251028.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}