James Reese vs. Mcdonalds Store 25829

1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404420 JAMES F. REECE, EMPLOYEE CLAIMANT MCDONALDS STORE 25829 EMPLOYER RESPONDENT ARKANSAS MCDONALDS’ SELF-INSURED TRUST/ RISK MG’T RESOURCES, INC. CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED OCTOBER 4, 2024 Hearing conducted on Thursday, October 3, 2024, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, Pulaski County, Arkansas. The claimant, Mr. James F. Reece, pro se, of Little Rock, Pulaski County, Arkansas, failed and/or refused to appear at the hearing. The respondents were represented by the Honorable Jarrod Parrish, Wood & Parrish, Little Rock, Pulaski County, Arkansas. STATEMENT OF THE CASE A hearing was conducted on Thursday, October 3, 2024, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). On August 9, 2024, the respondents filed with the Commission a motion to dismiss this claim without prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, pursuant to the applicable law the claimant was provided due and legal notice of both the respondents’ MTD, as well as notice of the subject hearing to his last known of address on record with the Commission via the United States Postal Service (USPS), Certified Mail, Return Receipt

James F. Reece, AWCC No. H404420 2 Requested. Thereafter, the claimant failed and/or refused to respond to the subject MTD and/or hearing notice in any way, and he failed and/or refused to appear at the hearing. (Respondents’ Exhibit; Hearing Transcript). The record herein consists of the hearing transcript and any and all exhibits contained therein and/or attached thereto. DISCUSSION Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), as well as our court of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ MTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of the evidence introduced at the hearing and contained in the record conclusively reveals the claimant has to date failed and/or refused to prosecute his claim. Therefore, after a thorough consideration of the applicable law as applied to the facts of this claim, the issues, and other relevant matters of record, as well as the representations of credible counsel I hereby make the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Commission has jurisdiction of this claim. 2. After having received due and legal notice of the respondents’ motion to dismiss without prejudice filed with the Commission on August 8, 2024, as well as notice of the subject hearing date, time, and place, the claimant failed and/or refused respond to the MTD, and he failed and/or refused to appear at the subject hearing. Therefore, he is deemed to have waived his right to a hearing on the respondents’ MTD herein. 3. The preponderance of the evidence compels the decision the respondents’ subject motion to dismiss without prejudice filed August 8, 2024, should be and hereby is GRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission Rule 099.13.

James F. Reece, AWCC No. H404420 3 If they have not already done so, the respondents hereby are ordered to pay the court reporter’s invoice within twenty (20) days of their receipt thereof. IT IS SO ORDERED. ____________________________ Mike Pickens Administrative Law Judge MP/mp

James F. Reece, AWCC No. H404420 4 MP/mp