John Cox vs. Aramark Uniform & Career Apparel

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300775 JOHN COX, EMPLOYEE CLAIMANT ARAMARK UNIFORM & CAREER APPAREL, EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED NOVEMBER 9, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington County, Arkansas. Claimant is not represented and did not appear at the hearing. Respondents are represented by RANDY P. MURPHY, Attorney, Little Rock, Arkansas OPINION/ORDER On February 3, 2023, claimant filed Form AR-C, alleging a compensable injury on December 2, 20222. Claimant was represented at the time by Laura Beth York, who filed a Motion to Withdraw on August 23, 2023 and was allowed to withdraw on September 6, 2023. No other attorney entered an appearance on claimant’s behalf. On September 18, 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 November 2, 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 September 22, 2023. Claimant did not respond to respondent’s motion and did not appear in person at the hearing on November 2, 2023. I find it has been more than six months since prior to this hearing and that no request for a

Cox-H300775 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