Leonardo Diaz vs. Shepard Construction, Llcjc Quality Framing, Inc

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H306079 LEONARDO DIAZ, Employee CLAIMANT SHEPARD CONSTRUCTION, LLCJC QUALITY FRAMING, INC. RESPONDENT LM INS. CORP., Carrier RESPONDENT OPINION FILED MARCH 11, 2026 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondents represented by JASON M. RYBURN, Attorney at Law, Little Rock, Arkansas. STATEMENT OF THE CASE This case comes on for review following a hearing on respondents’ Motion to Dismiss. On January 27, 2024, the claimant’s attorney, Mark Peoples, filed an AR-C requesting various compensation benefits which alleged injuries to the claimant’s back, ribs, eye, leg and groin on or about September 9, 2023. On November 8, 2024, Mr. Peoples filed a Motion to Withdraw as Counsel and that motion was granted by the Full Commission by Order filed November 22, 2024. No further action was taken on this claim. On November 21, 2025, the respondents filed a Motion to Dismiss requesting that this claim be dismissed for lack of prosecution. A hearing was scheduled for February 17, 2026. Notice of that hearing was sent to the claimant by certified mail, return receipt requested on January 7, 2026. That certified mail notice was returned to the Commission by the Post Office with a notation “Return to Sender. Unclaimed. Unable to Forward.”

Diaz – H306079 -2- Pursuant to 11 CAR §25-110(d) (previously codified as Commission Rule 099.13), the Commission may enter an order dismissing a claim for want of prosecution After a review of the respondents’ Motion to Dismiss, the claimant’s lack of desire to pursue his claim, and his failure to appear at the scheduled hearing, as well as all other matters properly before the Commission, I find that claimant has failed to prosecute this claim. Therefore, this claim is dismissed without prejudice. IT IS SO ORDERED. ____________________________ HONORABLE ERIC PAUL WELLS ADMINISTRATIVE LAW JUDGE