BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H204902 DUSTIN L. BLOCKER, EMPLOYEE CLAIMANT CLAY COLE CONSTRUCTION CORPORATION, EMPLOYER RESPONDENT STATE AUTO INSURANCE COMPANIES/INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED NOVEMBER 2, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Russellville, Pope County, Arkansas. Claimant is not represented and did not appear at the hearing. Respondents are represented by WILLIAM ROY SANDERS, Attorney, Little Rock, Arkansas. OPINION/ORDER On August 26, 2022, claimant filed Form AR-C, alleging a compensable injury on June 29, 2022. Claimant was represented at the time by Daniel E. Wren, who filed a Motion to Withdraw on June 27, 2023 and was allowed to withdraw on July 7, 2023. No other attorney entered an appearance on claimant’s behalf. On September 1, 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 October 23, 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 that address on September 14, 2023 Claimant did not respond to Respondent’s motion and did not appear in person at the hearing on October 23, 2023. I find it has been more than six months since prior to this hearing and that no request for a
Blocker-H204902 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
Source: https://labor.arkansas.gov/wp-content/uploads//BLOCKER_DUSTIN_H204902_20231102.pdf. Published by the Arkansas Department of Labor and Licensing, Workers' Compensation Commission. Republished here as a public reference; consult the original PDF for citation.