{"id":"alj-H405442-2025-07-29","awcc_number":"H405442","decision_date":"2025-07-29","opinion_type":"alj","claimant_name":"Jason Willett","employer_name":"Zekelman Industries, Inc","title":"WILLETT VS. ZEKELMAN INDUSTRIES, INC. AWCC# H405442 July 29, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:3"],"injury_keywords":["neck","shoulder","back","fracture"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Willett_Jason_H405442_20250729.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Willett_Jason_H405442_20250729.pdf","text_length":5831,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H405442 \n \nJASON WILLETT, \nEMPLOYEE                                                                                                              CLAIMANT \n \nZEKELMAN INDUSTRIES, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nTRAVELERS CASUALTY INS. CO. AMERICA, \nCARRIER/TPA                                                                                                    RESPONDENT \n \n \nOPINION FILED JULY 29, 2025 \n \nHearing conducted on Friday, June 27,  2025,  before  the  Arkansas  Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Jonesboro, \nCraighead County, Arkansas. \n \nThe Claimant, Mr. Jason Willett, Pro Se, of Holcomb, Missouri.  \n \nThe Respondents were represented by Mr. Jarrod Parrish, Attorney at Law, Little Rock, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non March  25,  2025.    A  hearing  on  the  motion  was  conducted  on June  27,  2025,  in Jonesboro, \nArkansas.  Claimant, according to Commission file is Pro Se, failed to appear at the hearing.  \nThe  Claimant  worked  for  the  Respondent/Employer  as  an entry operator.  The  date  for \nClaimant’s alleged injury was on August 6, 2024. He reported his injury to Respondent/Employer \non the  same  day. Respondents  admitted into  the  record Respondents’  Exhibit 1,  pleadings, \nconsisting of 12 pages. The Commission has admitted into evidence Commission Ex. 1, pleading, \nand U.S. Mail return receipts, consisting of 3 pages, as discussed infra. \nThe record reflects on August 22, 2024, a Form AR-C was filed with the Commission by \nClaimant’s  then-counsel,  Laura  Beth  York, purporting  that  Claimant sustained  work-related \n\nWILLETT, AWCC No. H405442 \n \n2 \n \ninjuries to his neck, clavicle, right shoulder, and right and left lower back. On August 30, 2024, a \nForm  AR-1  was  filed  with  the  Commission  purporting  that  Claimant’s disability specifically \noccurred when he got pinched between the coil and telescoping arms of a machine. On August 30, \n2024,  a  Form  AR-2  was  filed by  Respondents accepted compensability for  the  right  shoulder \nfracture and neck injury. On February 12, 2025, Claimant’s counsel filed a motion to withdraw as \ncounsel. The Full Commission granted the motion on March 4, 2025.  \nOn March  25,  2025, Respondents’ counsel filed  a  Motion  to  Dismiss due  to Claimant’s \nfailure to prosecute his claim. The Claimant was sent, on April 3, 2025, notice of the Motion to \nDismiss, via certified and regular U.S. Mail, to his last known address. The certified motion notice \nwas claimed  by  Claimant as  noted on  the April  14,  2025,  return  receipt. The  Claimant  did not \nrespond to the Motion, in writing, as required. Thus, in accordance with applicable Arkansas law, \nthe Claimant was mailed due and proper legal notice of Respondents’ Motion to Dismiss hearing \ndate  at  his current  address  of  record  via  the  United  States  Postal  Service  (USPS),  First  Class \nCertified  Mail,  Return  Receipt  Requested,  and  regular  First-Class  Mail,  on May 2,  2025.  The \ncertified  notice  was  claimed on May 12, 2025, as  noted  by  the return receipt.  The  hearing  took \nplace on June 27, 2025. And as mentioned before, the Claimant did not show up to the hearing. \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole and other matters properly before the Commission, \nI hereby make the following findings of fact and conclusions of law in accordance with Ark. Code \nAnn. § 11-9-704 (Repl. 2012):  \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had reasonable notice of the June 27, 2025, \nhearing. \n \n\nWILLETT, AWCC No. H405442 \n \n3 \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an  action \npending before the Commission, requesting that the claim be dismissed for want of \nprosecution, the Commission may, upon reasonable notice to all parties, enter an \norder dismissing the claim for want of prosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \nConsistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith reasonable notice, on the Respondents’ Motion to Dismiss. The certified hearing notice was \nclaimed on May 12, 2025, per the return postal notice bearing the same date. Thus, I find by the \npreponderance of the evidence that reasonable notice was given to the Claimant.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant filed his Form AR-C on August \n22,  2024.  Since  then,  he  has  failed  to  request  a bona  fide hearing.  Therefore,  I  do  find  by  the \npreponderance of the evidence that Claimant has failed to prosecute his claim by failing to request \na hearing. Thus, Respondents’ Motion to Dismiss should be granted. \n \n \n \n\nWILLETT, AWCC No. H405442 \n \n4 \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted, and Claimant’s claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H405442 JASON WILLETT, EMPLOYEE CLAIMANT ZEKELMAN INDUSTRIES, INC., EMPLOYER RESPONDENT TRAVELERS CASUALTY INS. CO. AMERICA, CARRIER/TPA RESPONDENT OPINION FILED JULY 29, 2025 Hearing conducted on Friday, June 27, 2025, before the Arkansas Workers’ Compensati...","fetched_at":"2026-05-19T22:39:01.115Z","links":{"html":"/opinions/alj-H405442-2025-07-29","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Willett_Jason_H405442_20250729.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}