{"id":"alj-H405369-2025-07-28","awcc_number":"H405369","decision_date":"2025-07-28","opinion_type":"alj","claimant_name":"Jorge Xol","employer_name":"Bo Tech Maintenance","title":"XOL VS. BO TECH MAINTENANCE AWCC# H405369 July 28, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/XOL_JORGE_H405369_20250728.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"XOL_JORGE_H405369_20250728.pdf","text_length":5714,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H405369 \n \n \nJORGE TENI XOL, \nEMPLOYEE CLAIMANT \n \nBO TECH MAINTENANCE, \nEMPLOYER RESPONDENT \n \nTECHNOLOGY INS. CO./ \nAMTRUST NORTH AMERICA, \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED JULY 28, 2025 \n \nHearing conducted on Thursday, July 24, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Mr. Jorge Teni Xol, pro se, of Texarkana, Bowie County, Texas, failed and/or \nrefused to appear at the hearing. \n \nThe respondent was represented by the Honorable William C. (Bill) Frye, North Little Rock, \nPulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, July 24, 2025, to determine whether this claim should \nbe dismissed 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 On March 6, 2025, the respondents filed a letter motion to dismiss without prejudice for failure \nto prosecute (MTD) with the Commission. (Respondents’ Exhibit 1). In compliance with the \napplicable law the claimant was provided due and legal notice of the respondents’ MTD as well as \nthe date, time, and location of the subject hearing, which he received on April 14, 2025. \n\nJorge Teni Xol, AWCC No. H405369 \n2 \n \n(Commission Exhibit 1). The claimant did not respond to the respondents’ motion in any way, and \nhe failed and/or refused to appear at the subject hearing. \n The claimant sustained an admittedly compensable injury to his finger for which the \nrespondents paid both medical and indemnity benefits. The respondents last paid indemnity \nbenefits in this claim on or about November 27, 2024, and last paid medical benefits for physical \ntherapy (PT) treatment through the date the claimant’s physical therapist released him from PT \ntreatment on December 4, 2024. (Hearing Transcript; Respondents’ Exhibit 2). There exists no \nevidence the claimant has required, sought, or received any additional medical treatment after \nDecember 4, 2024. \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\nJorge Teni Xol, AWCC No. H405369 \n3 \n \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’ letter MTD without \nprejudice filed with the Commission on April 10, 2025, as well as notice of the date, time, \nand place of the subject hearing, the claimant failed and/or refused to respond in any way \nto the respondents’ MTD, and he failed and/or refused to appear at the hearing. Therefore, \nthe claimant is deemed to have waived his right to a hearing on the respondents’ MTD. \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’ letter MTD without prejudice filed April 10, 2025, should be and hereby \nis GRANTED; 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 \nMP/mp \n \n \n \n\nJorge Teni Xol, AWCC No. H405369 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H405369 JORGE TENI XOL, EMPLOYEE CLAIMANT BO TECH MAINTENANCE, EMPLOYER RESPONDENT TECHNOLOGY INS. CO./ AMTRUST NORTH AMERICA, CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED JULY 28, 2025","fetched_at":"2026-05-19T22:38:54.591Z","links":{"html":"/opinions/alj-H405369-2025-07-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/XOL_JORGE_H405369_20250728.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}