{"id":"alj-H502635-2026-02-24","awcc_number":"H502635","decision_date":"2026-02-24","opinion_type":"alj","claimant_name":"Alan Pogue","employer_name":"Werner Enterprises, Inc","title":"POGUE VS. WERNER ENTERPRISES, INC. AWCC# H502635 February 24, 2026","outcome":"dismissed","outcome_keywords":["affirmed:1","dismissed:5","denied:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/POGUE_ALAN_H502635_20260224.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"POGUE_ALAN_H502635_20260224.pdf","text_length":4300,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H502635 \n \nALAN R. POGUE (DECEASED), \nEMPLOYEE         CLAIMANT \n \nWERNER ENTERPRISES, INC., \nEMPLOYER, SELF INSURED       RESPONDENT \n \nACE AMERICAN INSURANCE CO., \nINSURANCE CARRIER       RESPONDENT \n \nHELMSMAN MANAGEMENT SERVICES \nLLC, THIRD PARTY ADMINISTRATOR     RESPONDENT \n \n \nOPINION AND ORDER FILED FEBRUARY 24, 2026 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, \nwas held on February 10, 2026. \n \nClaimant was pro-se and failed to appear. \n \nRespondents were represented by Rick Behring, Jr., of Little Rock, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on the 10\nth\n day of February 2026, in \nLittle  Rock,  Arkansas, on Respondent’s  Motion  to  Dismiss  for  failure  to  prosecute \npursuant  to  Arkansas  Code  Ann.  11-9-702  and 11  C.A.R.  25-110(d), which  was \npreviously named Rule 099.13 of the Arkansas Workers’ Compensation Commission.  \nThe Claimant was pro se and failed to appear. The Respondents were represented by \nRick Behring Jr. of Little Rock, Arkansas. The Claimant’s widow had filed an AR – C Form \non or about April 29, 2025, where she contended that her husband while “loading his semi \nat the Dollar General Distribution Center” was found on the ground struggling and was \nthen taken to the hospital where he died. The C Form requested medical expenses and \n\nAlan R. Pogue – H502635 \n2 \n \nattorney  fees.  The  Respondents  filed  an  AR- 2  Form  which  provided  that  the  date  of \nClaimant’s death was February 18, 2025, that the claim was denied due to a jurisdictional \ndispute and also denied in its entirety as the deceased suffered from a personal health \ncondition that resulted in his death. The Claimant’s probate attorney, Conner Kelsey of \nLion Legal Services, notified the Commission by a letter dated November 25, 2025, that \nthey were representing the Claimant in related probate proceedings, requested copies of \ndocuments  in  regard  to  the  claim  before  the  Commission,  and affirmatively stated  that \nMs. Pogue was objecting to the dismissal of the workers’ compensation claim. Later, \nattorney Conner  Kelsey by  email stated  and  affirmed  that  his  firm  does  not  handle \nworkers’ compensation claims, that he had forwarded all the information he had received \nto Ms. Pogue and instructed her to obtain separate legal counsel in regard to the workers’ \ncompensation claim.   \n A Motion to Dismiss was filed on November 12, 2025, and the Claimant’s widow \nfailed  to  file  a  response.  The  Respondent’s  had  previously  propounded  Interrogatories \nand  Requests  for  Production  of  Documents  which  had  not  been  responded  to. The \nClaimant’s widow has taken no steps since the original filing to pursue her claim and has \nmade no filing for discovery, no filing of responses to the propounded interrogatories, and \nfiling in response to the Motion to Dismiss. The Claimant’s widow has not taken any action \nto prosecute her claim, and it has been more than six months since the Claimant’s widow \nhad filed her AR-C or requested a hearing. \n After proper and reasonable notice, a hearing was held on February 10, 2026, and \nthe Claimant’s  widow failed  to  appear.  The Respondents  were  represented  by Rick \nBehring, Jr., who requested that the matter be dismissed pursuant to 11 C.A.R. 110(d) of \n\nAlan R. Pogue – H502635 \n3 \n \nthe Arkansas Workers’ Compensation Commission and the provisions of Arkansas Code \nAnn. 11-9-702.   \nORDER \n \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion  to  Dismiss without  prejudice pursuant  to 11  C.A.R.  110(d) of  the  Arkansas \nWorkers’ Compensation Commission and  A.C.A.  11-9-702, based  upon  the  Claimant \nfailing to prosecute her claim within the last six months and after a meritorious application \nto  the  Commission  by  the  Respondents requesting  that  the  claim  be  dismissed, after \nreasonable notice to all parties.    \nIT IS SO ORDERED. \n                \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H502635 ALAN R. POGUE (DECEASED), EMPLOYEE CLAIMANT WERNER ENTERPRISES, INC., EMPLOYER, SELF INSURED RESPONDENT ACE AMERICAN INSURANCE CO., INSURANCE CARRIER RESPONDENT HELMSMAN MANAGEMENT SERVICES LLC, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION AND ORDER...","fetched_at":"2026-05-19T22:32:17.502Z","links":{"html":"/opinions/alj-H502635-2026-02-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/POGUE_ALAN_H502635_20260224.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}