Danielr Allen vs. Bekaert Corporation

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H204068 DANIEL R. ALLEN, EMPLOYEE CLAIMANT BEKAERT CORPORATION, EMPLOYER RESPONDENT GALLAGHER BASSETT SERVICES INC., INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED APRIL 27, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian County, Arkansas. Claimant is not represented and did not appear at the hearing. Respondents are represented by CODY GRACIE, Attorney, Fort Smith, Arkansas OPINION/ORDER On June 3, 2022, claimant filed Form AR-C, alleging a compensable injury on April 25, 2021. Claimant was not represented by an attorney when the AR-C was filed, and is still pro se. On February 16, 2023, 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 April 18, 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 March 2, 2023. Claimant did not respond to Respondent’s motion and did not appear in person at the hearing on April 18, 2023. 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 lack of response and failure to attend the hearing for the Respondent’s motion, as well as all other matters

Allen-H204068 2 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