{"id":"alj-H504297-2026-03-17","awcc_number":"H504297","decision_date":"2026-03-17","opinion_type":"alj","claimant_name":"Jimmy Rutherford","employer_name":"Simmons Animal Nutrition Inc","title":"RUTHERFORD VS. SIMMONS ANIMAL NUTRITION INC. AWCC# H504297 March 17, 2026","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RUTHERFORD_JIMMY_H504297_20260317.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RUTHERFORD_JIMMY_H504297_20260317.pdf","text_length":2153,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H504297 \n \nJIMMY D. RUTHERFORD, EMPLOYEE   CLAIMANT \n \nSIMMONS ANIMAL NUTRITION INC., EMPLOYER RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED MARCH 17, 2026 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington \nCounty, Arkansas. \n \nClaimant is pro se and did not appear at the hearing. \n \nRespondents are represented by R. SCOTT ZUERKER, Attorney, Fort Smith Arkansas \n \nOPINION/ORDER \n \n On   July  10,  2025,  claimant  filed  Form  AR-C,  alleging  a  compensable  injury  on January \n15,2025.   Claimant was not represented by an attorney when the AR-C was filed, and is still pro se.   \nOn January 7, 2026, respondent filed a Motion to Dismiss, alleging that it had been more than \nsix months since claimant filed his Form AR-C with the Commission, but he had not made a request \nfor a hearing in that time.  A hearing on respondent’s Motion to Dismiss was scheduled for March 12, \n2026.  Notice of the scheduled hearing was sent to claimant by certified mail at the last known address \nin the Commission’s file.  The notice was picked up at the post office on February 17, 2026.    Claimant \ndid not respond to respondent’s motion and did not appear in person at the hearing on March 12, \n2026.   \nI find it has been more than six months since prior to this hearing and that no request for a \nhearing has been made in this file.  After my review of the respondent’s motion, the claimant’s lack of \nresponse and failure to attend the hearing for the respondent’s motion, as well as all other matters \n\nRutherford-H504297 \n \n2 \n \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby  is  granted.    This  dismissal  is  pursuant  to  Commission 11  C.A.R. § 25-110(d) (formerly \nCommission Rule 099.13) and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                    \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H504297 JIMMY D. RUTHERFORD, EMPLOYEE CLAIMANT SIMMONS ANIMAL NUTRITION INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED MARCH 17, 2026 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF...","fetched_at":"2026-05-19T22:30:57.640Z","links":{"html":"/opinions/alj-H504297-2026-03-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RUTHERFORD_JIMMY_H504297_20260317.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}