Lawrence Ragan vs. Mountain View School District

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H402807 LAWRENCE RAGAN, EMPLOYEE CLAIMANT MOUNTAIN VIEW SCHOOL DISTRICT, SELF INSURED RESPONDENT ARKANSAS SCHOOL BOARDS ASSOC., RESPONDENT THIRD PARTY ADMINISTRATOR AMENDED OPINION AND ORDER FILED APRIL 29, 2025 The Hearing before Administrative Law Judge James D. Kennedy in Clinton, Arkansas, was held on April 3, 2025. The Claimant was pro-se and failed to appear. Respondents were represented by Jarrod Parrish, of Little Rock, Arkansas. STATEMENT OF THE CASE A hearing was held in the above styled matter on the 3 rd day of April 2025, in Clinton, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. 11-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant was pro se and failed to appear on his own behalf. The respondents were represented by Jarrod Parrish of Little Rock, Arkansas, who introduced 10 pages of documents that were admitted into the evidentiary record. The documents included a First Report of Injury filed on April 19, 2024, which described the claimed injury as an ankle fracture that occurred while the claimant was walking on a slope between the parking lot and a bus, and which occurred when he slipped and fell. An AR-2 was filed on April 30, 2024, which provided that the claim was denied due to not arising out of or within the course and scope of the claimant’s

LAWRENCE RAGAN – H402807 2 employment. On May 10, 2024, the claimant contacted the Commission by letter, requesting a review of his claim denial. The claimant responded to the prehearing process and the matter was set for a hearing on January 23, 2025, in Clinton Arkansas. On December 29, 2024, the Claimant notified the Commission by email that he was cancelling his request “for appeal in regard to the above-referenced claim” and the hearing was cancelled. On or about February 18, 2025, the Respondents notified the Commission by letter that they were requesting that the claim be dismissed due to no Form AR-C being filed by the Claimant and for the Commission to take “whatever action is necessary” for the dismissal of the claim. No response was filed by the Claimant so appropriate notice of a Motion to Dismiss hearing was provided to the Claimant setting the hearing for April 3, 2025, at 10:00 a.m., in Clinton Arkansas. Prior to the hearing, the claimant notified the Commission he did not wish to pursue his claim with the Workers’ Compensation Commission. A hearing was held on April 3, 2025, and the claimant failed to appear. The Respondents were represented by Jarrod Parrish, who requested that the matter be dismissed pursuant to Rule 099.13 of the Arkansas Workers’ Compensation Commission and Ark. Code Ann. 11-9-702.

LAWRENCE RAGAN – H402807 3 ORDER Pursuant to the above statement of the case, as well as the documents entered into the evidentiary record and statements by the Attorney for the Respondents, there is no alternative but to grant the Motion to Dismiss without prejudice pursuant to Rule 099.13 of the Arkansas Workers’ Compensation Commission and Ark. Code Ann. 11-9-702. IT IS SO ORDERED. ____________________________ JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE