{"id":"alj-H503075-2026-02-03","awcc_number":"H503075","decision_date":"2026-02-03","opinion_type":"alj","claimant_name":"Rodney Brabon","employer_name":"Mower Warehouse","title":"BRABON VS. MOWER WAREHOUSE AWCC# H503075 February 03, 2026","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["hernia"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BRABON_RODNEY_H503075_20260203.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRABON_RODNEY_H503075_20260203.pdf","text_length":3183,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H503075 \n \nRODNEY BRABON, EMPLOYEE     CLAIMANT \nMOWER WAREHOUSE, EMPLOYER     RESPONDENT \nUNITED FIRE & CASUALTY, CARRIER/TPA    RESPONDENT \n \nOPINION AND ORDER FILED FEBRUARY 3, 2026 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Mountain \nHome, Arkansas, was held on January 21, 2026. \nClaimant was pro-se and failed to appear. \nRespondents were represented by Melissa Wood of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 21\nst\n day of January, 2026, in \nMountain Home, 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), previously named \nRule 099.13 of the Arkansas Workers’ Compensation Commission. The claimant was pro \nse and failed to appear. The Respondents were represented by Melissa Wood of Little \nRock,  Arkansas. The  Claimant  had  previously  been  represented  by Frederick “Rick” \nSpencer, who was allowed to withdraw by an Order of the Full Commission, dated July \n18, 2025.  \n A First Report of Injury was filed on April 28, 2025, when the Claimant stated that \nhe felt a tearing and a protruding in his abdomen while lifting a Bimini top. An AR- C Form \nwas  filed  on  May  19,  2025, and the  Claimant  contended  he  had  suffered  a  left-sided \nhernia. A Motion to Dismiss was filed on November 19, 2025. The claim involved a hernia \ninjury which was accepted as compensable, with all appropriate benefits paid.   \n\nRodney Brabon – H503075 \n2 \n \nThe Respondents contend that the Claimant has not made a bona fide request for \na hearing within six months after the filing of the claim and has taken no steps since the \noriginal filing to pursue the claim. Additionally, the Claimant has failed to file a response \nto the Motion to Dismiss. The Claimant has not taken any action to prosecute the claim, \nand it has been more than six months since the Claimant has filed his AR-C or requested \na hearing. The contentions of the Respondents are found to be true. \n After proper and reasonable notice, a hearing was held on January 21, 2026, and \nthe Claimant failed to appear. The Respondents were represented by Melissa Wood, who \nrequested  that  the  matter  be  dismissed  pursuant  to 11  C.A.R.  110(d)  of  the  Arkansas \nWorkers’ Compensation Commission and the  provisions  of Arkansas Code Ann.  11-9-\n702.   \nORDER \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 the 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                JAMES D. KENNEDY \n                ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H503075 RODNEY BRABON, EMPLOYEE CLAIMANT MOWER WAREHOUSE, EMPLOYER RESPONDENT UNITED FIRE & CASUALTY, CARRIER/TPA RESPONDENT OPINION AND ORDER FILED FEBRUARY 3, 2026 A Hearing before Administrative Law Judge James D. Kennedy in Mountain Home, Arkansas, was ...","fetched_at":"2026-05-19T22:31:37.375Z","links":{"html":"/opinions/alj-H503075-2026-02-03","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BRABON_RODNEY_H503075_20260203.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}