{"id":"alj-H406382-2026-10-08","awcc_number":"H406382","decision_date":"2026-10-08","opinion_type":"alj","claimant_name":"Rodney Mcgaughy","employer_name":"Ok Foods, Inc","title":"MCGAUGHY VS. OK FOODS, INC. AWCC# H406382 January 08, 2026","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["back","sprain","thoracic"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MCGAUGHY_RODNEY_H406382_20261008.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MCGAUGHY_RODNEY_H406382_20261008.pdf","text_length":2189,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H406382 \n \nRODNEY MCGAUGHY, Employee CLAIMANT \n \nOK FOODS, INC., Employer RESPONDENT \n \nOK FOODS, INC., Carrier RESPONDENT \n \n \n \n OPINION FILED JANUARY 8, 2026 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE GREGORY  K.  STEWART in Fort \nSmith, Sebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by ERIN RAMBO, Attorney at Law, Fort Smith, Arkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n On October 1, 2024, attorney Laura Beth York filed Form AR-C alleging an injury \nto  claimant’s  back  on  September  17,  2024.  Respondent  had  accepted  an  injury  to \nclaimant’s left low extremity in the form of a sprain but controverted any liability for \nindemnity  benefits  or  compensability  of  an  injury  to  the  claimant’s  thoracic  spine. \nAttorney  York  eventually  filed  a  Motion  to  Withdraw  as  Counsel  and  this  motion  was \ngranted by the Full Commission in an Order filed October 1, 2025. Since that time, the \nclaimant has not requested a hearing and has not taken any steps to proceed with this \nclaim. \n\nMcGaughy – H406382 \n \n-2- \n On  October  3,  2025,  respondent  filed  a  Motion  to  Dismiss.  A  hearing  was \nscheduled on the respondent’s motion for December 15, 2025. Notice of the hearing \nwas sent to the claimant’s last known address  by  certified  mail  and  was  returned  as \n“Unclaimed”. Claimant did not appear at the hearing and has not responded to the \nrespondent’s Motion to Dismiss.  \n Pursuant  to  11  CAR §25-110(d) (previously  codified  as  Commission  Rule \n099.13), the Commission may enter an order dismissing a claim for want of prosecution. \nAfter my review of the respondent’s motion, the claimant’s failure to respond thereto, \nand all other matters properly before the Commission, I find that claimant has failed to \nprosecute this claim. Therefore, this claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H406382 RODNEY MCGAUGHY, Employee CLAIMANT OK FOODS, INC., Employer RESPONDENT OK FOODS, INC., Carrier RESPONDENT OPINION FILED JANUARY 8, 2026 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Claimant not ...","fetched_at":"2026-05-19T22:32:36.443Z","links":{"html":"/opinions/alj-H406382-2026-10-08","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MCGAUGHY_RODNEY_H406382_20261008.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}