Jimmy Stewart vs. Simmons Prepared Foods Inc

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H006236 JIMMY STEWART, EMPLOYEE CLAIMANT SIMMONS PREPARED FOODS INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED JULY 31, 2025 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in , Washington County, Arkansas. Claimant is represented by JEREMY D. WANN, Attorney, Fort Smith, Arkansas although not appearing. Respondents are represented by R. SCOTT ZUERKER, Attorney, Fort Smith Arkansas OPINION/ORDER On September 10, 2020, claimant filed Form AR-C, alleging a compensable injury on August 5, 2020. Claimant was represented at the time by Attorney Jeremy D. Wann, who remains his attorney of record. On April 7, 2025, respondent filed a Motion to Dismiss, alleging that it had been more than six months since claimant filed his Form AR-C with the Commission, but he had not made a request for a hearing in that time. A hearing on respondent’s Motion to Dismiss was scheduled for July 21, 2025. Notice of the scheduled hearing was sent to claimant by certified mail at the last known address in the Commission’s file. The notice was returned unclaimed on July 2, 2025. Claimant did not respond to respondent’s motion and did not appear in person at the hearing on July 21, 2025. Claimant’s counsel was notified by email of the hearing date and time after acknowledging that he was available for this hearing, but did not appear. I find it has been more than six months since prior to this hearing and that no request for a

Stewart-H006236 2 hearing has been made in this file. After my review of the respondent’s motion, the claimant’s lack of response and failure to attend the hearing for the respondent’s motion, as well as all other matters properly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and hereby is granted. This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. IT IS SO ORDERED. _______________________________________ JOSEPH C. SELF ADMINISTRATIVE LAW JUDGE