BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H406302 TC GILMORE, Employee CLAIMANT TYSON SALES & DISTRIBUTION, INC., Employer RESPONDENT TYNET CORP., Carrier RESPONDENT OPINION FILED AUGUST 11, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondents represented by J. MATTHEW MAULDIN, Attorney at Law, Little Rock, Arkansas. STATEMENT OF THE CASE This case comes on for review following a hearing on respondent’s Motion to Dismiss. On September 27, 2024, claimant filed Form AR-C requesting compensation benefits. Since the filing of that claim no further action has been taken by the claimant to proceed. As a result, respondent on May 16, 2025, filed a Motion to Dismiss. A hearing was scheduled on respondent’s motion for July 23, 2025. Notice of the scheduled hearing was sent to claimant by certified mail and was delivered on June 14, 2025. Claimant did not appear at the hearing and has not responded to respondent’s Motion to Dismiss.
Gilmore – H4063002 -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 my review of the Respondent’s Motion, the Claimant’s failure to respond thereto, and 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. _______________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE
Source: https://www.labor.arkansas.gov/wp-content/uploads/GILMORE_TC_H406302_20250811.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.