Billg Doerflinger vs. Metro Aviation Inc

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H203387 BILL DOERFLINGER, EMPLOYEE CLAIMANT METRO AVIATION INC., EMPLOYER RESPONDENT GALLAGHER BASSETT SERVICES INC, .INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED MARCH 23, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington County, Arkansas. Claimant appearing pro se. Respondents are represented RICK BEHRING, JR., Attorney, Little Rock, Arkansas OPINION/ORDER On May 5, 2022, claimant filed Form AR-C, alleging a compensable injury on November 12, 2021. Claimant was not represented by an attorney when the AR-C was filed, and is still pro se. On November 29, 2022, 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 March 16, 2023. 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 delivered to claimant on January 17, 2023. Claimant did not respond to respondent’s motion but did appear in person at the hearing on March 16, 2023. Claimant understood that the requested dismissal would be without prejudice. I find it has been more than six months since prior to this hearing and that no request for a hearing has been made in this file. After my review of the Respondent’s motion, the claimant’s testimony at the hearing as well as all other matters properly before the Commission, I find that

Doerflinger-H203387 2 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