Timothy Needles vs. Tyson Poultry Inc

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H100273 TIMOTHY NEEDLES, Employee CLAIMANT TYSON POULTRY, INC., Self-Insured Employer RESPONDENT TYNET CORPORATION, Carrier/TPA RESPONDENT OPINION/ORDER FILED AUGUST 30, 2023 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondents represented by J. MATTHEW MAULDIN, Attorney, Little Rock, Arkansas. OPINION/ORDER This case comes on for review following a hearing on respondent’s Motion to Dismiss. On March 30, 2022, an AR-C was filed by Attorney Laura Beth York on behalf of claimant requesting compensation benefits for an injury on April 14, 2020. On May 31, 2023, Attorney York filed a Motion to Withdraw as Counsel. That motion was granted by a Full Commission Order filed June 13, 2023. No action has been taken to request a hearing in this claim, and as a result respondent filed a motion to dismiss on June 26, 2023. A hearing on respondent’s motion was scheduled for August 23, 2023, and notice of that hearing was sent to claimant by certified mail and delivered on July 20, 2023.

Needles – H100273 2 Claimant did not appear at the hearing and has not responded to the respondent’s motion. After my review of the respondent’s motion, the claimant’s failure to respond thereto, and 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 it is without prejudice. IT IS SO ORDERED. _____________________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE