{"id":"alj-G708582-2024-09-13","awcc_number":"G708582","decision_date":"2024-09-13","opinion_type":"alj","claimant_name":"Linda Bradley","employer_name":"Pine Bluff School Dist","title":"BRADLEY VS. PINE BLUFF SCHOOL DIST. AWCC# G708582 September 13, 2024","outcome":"dismissed","outcome_keywords":["affirmed:1","dismissed:5","denied:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BRADLEY_LINDA_G708582_20240913.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRADLEY_LINDA_G708582_20240913.pdf","text_length":3105,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No G708582 \n \nLINDA K. BRADLEY, EMPLOYEE                 CLAIMANT \n \nPINE BLUFF SCHOOL DIST., EMPLOYER           RESPONDENT \n \nAR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA        RESPONDENT NO. 1 \n \nDEATH & PERMANENT TOTAL  \nDISABILITY TRUST FUND,                         RESPONDENT NO. 2 \n  \n \n \nOPINION FILED 13 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 12 September 2024 in Pine Bluff, Arkansas. \n \nThe claimant appeared pro se. \n \nWorley, Wood & Parrish, PA, Ms. Melissa Wood, appeared on behalf of the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Pine \nBluff, Arkansas, on 12 September 2024. This case relates to a workplace injury, sustained \non or about 4 December 2017. A Full Hearing was conducted on 10 August 2023, addressing \nsome of the benefits requested by the claimant. A 17 November 2023 Opinion denied and \ndismissed those claims, and the Full Commission adopted and affirmed that decision on 12 \nApril 2024.  \n On 28 May 2024, the respondents requested a dismissal of the remaining claims for \nbenefits in this matter for failure to prosecute the claim. It was noted on the record that the \nclaimant’s previous counsel was relieved by the Full Commission on 23 May 2024. In a \nletter dated 11 June 2024 and filed on 14 June 2024, the claimant objected to the dismissal \nof her remaining claims. A hearing was then set for 12 September 2024.  \n\nL. BRADLEY- G708582 \n2 \n \n The parties appeared at the appointed time and discussed the matter’s current \nfooting and the respondents’ motion. The claimant stated that, as indicated in her letter, \nshe intends to move forward with the remaining claims for benefits that are possibly \navailable to her. She would like to seek the advice of counsel before moving forward on her \nown, but she understands that she has the right to proceed on her own behalf. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nsimilarly provides for a dismissal for failure to prosecute an action upon application by \neither party. Based on the record, the available evidence, and the arguments of the parties, \nI find that the respondents’ Motion to Dismiss should be denied without prejudice at this \ntime. \nORDER \n The Motion to Dismiss is DENIED WITHOUT PREJUDICE. This matter will move \ntowards litigating the benefits that may remain available to the claimant. As discussed at \nthe hearing, the claimant wishes to seek new representation to assist in her prosecution of \nher remaining claims. If she retains counsel, that should be communicated to Ms. Wood as \nsoon as possible. The parties should be prepared to confer within 30 days of the entry of this \nOrder so that scheduling and other prehearing matters may be addressed. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No G708582 LINDA K. BRADLEY, EMPLOYEE CLAIMANT PINE BLUFF SCHOOL DIST., EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA RESPONDENT NO. 1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND, RESPONDENT NO. 2 OPINION FILED 13 SEPTEMBER 2024 Heard befor...","fetched_at":"2026-05-19T22:49:01.288Z","links":{"html":"/opinions/alj-G708582-2024-09-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/BRADLEY_LINDA_G708582_20240913.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}