Jimmy Rutherford vs. Simmons Animal Nutrition Inc

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H504297 JIMMY D. RUTHERFORD, EMPLOYEE CLAIMANT SIMMONS ANIMAL NUTRITION INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES INC./INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED MARCH 17, 2026 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington County, Arkansas. Claimant is pro se and did not appear at the hearing. Respondents are represented by R. SCOTT ZUERKER, Attorney, Fort Smith Arkansas OPINION/ORDER On July 10, 2025, claimant filed Form AR-C, alleging a compensable injury on January 15,2025. Claimant was not represented by an attorney when the AR-C was filed, and is still pro se. On January 7, 2026, 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 March 12, 2026. 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 picked up at the post office on February 17, 2026. Claimant did not respond to respondent’s motion and did not appear in person at the hearing on March 12, 2026. I find it has been more than six months since prior to this hearing and that no request for a 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

Rutherford-H504297 2 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 11 C.A.R. § 25-110(d) (formerly Commission Rule 099.13) and is without prejudice. IT IS SO ORDERED. _______________________________________ JOSEPH C. SELF ADMINISTRATIVE LAW JUDGE