{"id":"alj-H405381-2025-05-20","awcc_number":"H405381","decision_date":"2025-05-20","opinion_type":"alj","claimant_name":"Donald Baker","employer_name":"Mckee Foods Corp","title":"BAKER VS. MCKEE FOODS CORP. AWCC# H405381 May 20, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BAKER_DONALD_H405381_20250520.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BAKER_DONALD_H405381_20250520.pdf","text_length":2369,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H405381 \n \nDONALD BAKER, Employee      CLAIMANT \n \nMCKEE FOODS CORP., Employer     RESPONDENT \n \nCCMSI, Carrier/TPA        RESPONDENT \n \n \n OPINION FILED MAY 20, 2025  \n \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by R. SCOTT ZUERKER, Attorney at Law, Fort Smith, 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  26,  2024,  the  claimant  filed  an  AR-C  requesting  various  compensation \nbenefits in which he alleged an injury to his low back on or about July 22, 2024. The claim was \ndenied in its entirety. No further action was taken regarding this claim. \n On February  14,  2025,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim be dismissed for lack of prosecution. A hearing was scheduled for May 13, 2025. Notice of \nthat  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on March  24, \n2025. United States Postal Department records indicate that claimant received and signed for the \nnotice on March 29, 2025. Despite having received notice of the scheduled hearing, the claimant \nfailed to appear at the hearing and has failed to respond to the motion in any form or manner. \n\nBaker – H405381 \n \n-2- \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H405381 DONALD BAKER, Employee CLAIMANT MCKEE FOODS CORP., Employer RESPONDENT CCMSI, Carrier/TPA RESPONDENT OPINION FILED MAY 20, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant not repres...","fetched_at":"2026-05-19T22:40:54.579Z","links":{"html":"/opinions/alj-H405381-2025-05-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BAKER_DONALD_H405381_20250520.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}