{"id":"alj-H404757-2025-09-24","awcc_number":"H404757","decision_date":"2025-09-24","opinion_type":"alj","claimant_name":"David Nettles","employer_name":"Atwood Distributing","title":"NETTLES VS. ATWOOD DISTRIBUTING AWCC# H404757 September 24, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":["hip"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/NETTLES_DAVID_H404757_20250924.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NETTLES_DAVID_H404757_20250924.pdf","text_length":3748,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404757 \nDAVID E. NETTLES, EMPLOYEE     CLAIMANT \n \nATWOOD DISTRIBUTING, LP \nEMPLOYER          RESPONDENT \n \nZURICH AMERICAN INSURANCE, \nCOMPANY OF ILLINOIS, Insurance Carrier    RESPONDENT \n \nGALLAGHER BASSETT SERVICES INC., \nTHIRD PARTY ADMINISTRATOR     RESPONDENT \n \nOPINION AND ORDER FILED SEPTEMBER 24, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, was held on September 16, 2025. \nClaimant waived his appearance through his attorney Laura Beth York, of Little \nRock, Arkansas. \nRespondents were represented by Rick Behring, Jr., of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 16\nth\n day of September, 2025, \nin Little  Rock,  Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Arkansas  Code  Ann.  11-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Commission, which has recently been renamed 11 C.A.R. 25-110(d) and \nwill  be  referred  to  by  that  name  in  the  remainder  of  this  opinion. The  claimant  was \nrepresented by Laura Beth York and waived his right of appearance as long as the matter \nwas dismissed without prejudice. The respondents were represented by Rick Behring Jr. \nof Little Rock, Arkansas.  \n A  Form AR-C was  filed  by  the  Claimant through  his  attorney on July 30, 2024, \nalleging injuries to his left hip, which occurred on or about July 9, 2024. As reflected on \n\nDAVID E. NETTLES – H404757 \n2 \n \nthe  Form  AR-2  filed  with  the  Commission,  the  Respondents  accepted  the  claim  as \ncompensable.  The  Claimant  reached  maximum  medical  improvement  on  January  23, \n2025, and has returned to work for the Respondent. \n As reflected in the Agreed Order that was entered with the Commission on August \n19, 2025, the parties resolved a dispute concerning temporary partial disability benefits.  \nWith  resolution  of  this  dispute,  the  Respondents  have  provided  all  reasonable  and \nnecessary medical care to date and the appropriate indemnity benefits. There is no longer \nany issue in dispute and the claim was returned to general files.  \nA Motion to Dismiss And Incorporated Brief in Support was filed on September 5, \n2025,  requesting  that  the matter  be  dismissed  without  prejudice pursuant  to  11  C.A.R. \n§25 -110(d) of the Arkansas Workers’ Compensation Commission for failure to prosecute \nor in the alternative that the matter be dismissed without prejudice pursuant to A.C.A. 11-\n9-702 (a)(4) and (D) which provides for dismissal of a claim if no bona fide request for a \nhearing  has  been  made  within  six  (6)  months  of  the  filing  of  his  claim. The  Claimant \nthrough  his  attorney  waived  his  right  of  appearance  and  did  not  object  to  the \nRespondent’s Motion to Dismiss without prejudice.   \n After proper notice, a hearing was held on September 16, 2025, and the claimant \nthrough his attorney, waived his right to appear. The Respondents were represented by \nRick Behring, Jr., who requested that the matter be dismissed pursuant to 11 C.A.R. §25-\n110(d) of the Arkansas Workers’ Compensation Commission or A.C.A. 11-9-702 (a)(4) \nand (D). \n \n\nDAVID E. NETTLES – H404757 \n3 \n \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion to Dismiss without prejudice pursuant to 11 C.A.R. §25-110(d) of the Arkansas \nWorkers’ Compensation Commission.   \nIT IS SO ORDERED. \n                \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404757 DAVID E. NETTLES, EMPLOYEE CLAIMANT ATWOOD DISTRIBUTING, LP EMPLOYER RESPONDENT ZURICH AMERICAN INSURANCE, COMPANY OF ILLINOIS, Insurance Carrier RESPONDENT GALLAGHER BASSETT SERVICES INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION AND ORDER FILE...","fetched_at":"2026-05-19T22:36:45.229Z","links":{"html":"/opinions/alj-H404757-2025-09-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/NETTLES_DAVID_H404757_20250924.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}