{"id":"alj-H500240-2025-10-28","awcc_number":"H500240","decision_date":"2025-10-28","opinion_type":"alj","claimant_name":"Francis Hicks","employer_name":"Ozark Waffles, LLC","title":"HICKS VS. OZARK WAFFLES, LLC AWCC# H500240 October 28, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HICKS_FRANCIS_H500240_20251028.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HICKS_FRANCIS_H500240_20251028.pdf","text_length":2074,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H500240 \n \nFRANCIS HICKS, Employee CLAIMANT \n \nOZARK WAFFLES, LLC, Employer RESPONDENT \n \nSUMMIT CONSULTING, LLC Carrier RESPONDENT \n \n \n \n OPINION FILED OCTOBER 28, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by ZACHARY F. RYBURN, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss.  \n On January  14,  2024,  the  claimant  filed  an  AR-C  requesting  various  compensation \nbenefits in  which he alleges an injury to his right arm on or about January 10, 2024.  There has \nbeen no request for a hearing and no further action was taken in this claim. \nOn July 16, 2025, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was  scheduled for October 9, 2025. Notice of that \nhearing was sent to the claimant by certified mail, return receipt requested on August 22, 2025. \nThat  certified  mail  notice  was  returned  to  the  Commission  by  the  Post  Office  with  a  notation \n“Return to Sender. Unclaimed. Unable to Forward.” \nPursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule  099.13),  the \nCommission may enter an order dismissing a claim for want of prosecution After a review of the \n\nHicks – H500240 \n \n-2- \nrespondents’ Motion to Dismiss, the claimant’s lack of desire to pursue her claim, and her failure \nto appear at the scheduled hearing, as well as all other matters properly before the Commission, I \nfind  that  claimant  has  failed  to  prosecute  this  claim.  Therefore,  this  claim  is  dismissed  without \nprejudice. \n IT IS SO ORDERED. \n \n                                ____________________________                                               \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H500240 FRANCIS HICKS, Employee CLAIMANT OZARK WAFFLES, LLC, Employer RESPONDENT SUMMIT CONSULTING, LLC Carrier RESPONDENT OPINION FILED OCTOBER 28, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Claima...","fetched_at":"2026-05-19T22:35:57.402Z","links":{"html":"/opinions/alj-H500240-2025-10-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HICKS_FRANCIS_H500240_20251028.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}