NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208114 RICHARD CLARK, EMPLOYEE CLAIMANT NESTLE US HOLDCO, INC., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA, CARRIER RESPONDENT ESIS, INC., TPA RESPONDENT OPINION FILED MAY 14, 2025 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant appeared pro se. Respondents represented by the HONORABLE MICHAEL STILES, Attorney, Little Rock, Arkansas. Decision of Administrative Law Judge: Affirmed and Adopted. OPINION AND ORDER Claimant appeals an opinion and order of the Administrative Law Judge filed July 24, 2024. In said order, the Administrative Law Judge made the following findings of fact and conclusions of law:
2 CLARK- H208114 1. The Commission has jurisdiction over this claim. 2. The Claimant and Respondents both had reasonable notice of the June 28, 2024, hearing. 3. Respondents have proven by a preponderance of the evidence that Claimant has failed to prosecute his claim under Arkansas Workers' Compensation Commission Rule 099.13. 4. The Respondents’ oral Motion to Dismiss should be granted. 5. This claim is hereby dismissed without prejudice. We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge’s July 24, 2024 decision is supported by a preponderance of the credible evidence, correctly applies the law, and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings made by the Administrative Law Judge are correct and they are, therefore, adopted by the Full Commission. Therefore, we affirm and adopt the July 24, 2024 decision of the Administrative Law Judge, including all findings and conclusions therein, as the decision of the Full Commission on appeal.
3 CLARK- H208114 IT IS SO ORDERED. _______________________________ SCOTTY DALE DOUTHIT, Chairman _______________________________ M. SCOTT WILLHITE, Commissioner _______________________________ MICHAEL R. MAYTON, Commissioner
Source: https://www.labor.arkansas.gov/wp-content/uploads/Clark_Richard_H208114_20250514.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.