{"id":"alj-H504236-2025-10-14","awcc_number":"H504236","decision_date":"2025-10-14","opinion_type":"alj","claimant_name":"Paul Scott","employer_name":"The Oil Doctor","title":"SCOTT VS. THE OIL DOCTOR AWCC# H504236 October 14, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCOTT_PAUL_H504236_20251014.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCOTT_PAUL_H504236_20251014.pdf","text_length":2320,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H504236 \n \nPAUL SCOTT (DEC’D), Employee CLAIMANT \n \nTHE OIL DOCTOR, Employer RESPONDENT \n  \nMARKEL SERVICE, INC., Carrier RESPONDENT \n \n OPINION/ORDER FILED OCTOBER 14, 2025  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented  by JARID  M.  KINDER,  Attorney, Fayetteville,  Arkansas;  although  not \npresent at hearing. \n \nRespondent represented by JARROD S. PARRISH, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn July 9, 2025, Jarid Kinder, claimant’s attorney, filed a Form AR-C requesting various \ncompensation benefits in which he alleged a traumatic brain injury resulting in death on March \n17, 2025; however, no hearing was requested. No further action was taken in this claim. \nOn July 22, 2025, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for September  18,  2025.  Notice  of \nthat  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on August  12, \n2025. United States Postal Department records indicate that claimant received and signed for the \nnotice on August 18, 2025. \nMr. Kinder indicated by  email dated August  12,  2025, that he would  waive his \nappearance at the hearing and further indicated that he had no objection to the Motion to Dismiss \n“WITHOUT prejudice.”    \n\nScott – H504236 \n2 \n \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 my review of \nthe respondent’s Motion to Dismiss, Mr. Kinder’s response  thereto  that  he  had  no  objection  to \nthe Motion to Dismiss without prejudice, and the claimant’s failure to appear at the scheduled \nhearing,  as  well  as  all  other  matters  properly  before  the  Commission,  I  find  that  claimant  has \nfailed to prosecute this claim. Therefore, this claim is dismissed without prejudice.   \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. H504236 PAUL SCOTT (DEC’D), Employee CLAIMANT THE OIL DOCTOR, Employer RESPONDENT MARKEL SERVICE, INC., Carrier RESPONDENT OPINION/ORDER FILED OCTOBER 14, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Fort Smith, Sebastian County, Arkansas....","fetched_at":"2026-05-19T22:35:32.175Z","links":{"html":"/opinions/alj-H504236-2025-10-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCOTT_PAUL_H504236_20251014.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}