{"id":"alj-G807462-2025-02-14","awcc_number":"G807462","decision_date":"2025-02-14","opinion_type":"alj","claimant_name":"Carmalith Snider","employer_name":"Arkansas Dep’t Of Correction / Ouachita River Unit","title":"SNIDER VS. ARKANSAS DEP’T OF CORRECTION / OUACHITA RIVER UNIT AWCC# G807462 February 14, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SNIDER_CARMALITH_G807462_20250214.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SNIDER_CARMALITH_G807462_20250214.pdf","text_length":5859,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. G807462 \n \n \nCARMALITH SNIDER,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nARKANSAS DEP’T OF CORRECTION/ \nOUACHITA RIVER UNIT, \nEMPLOYER                                                                                              RESPONDENT NO. 1  \n \nSTATE OF ARKANSAS/ \nPUBLIC EMPLOYEE CLAIMS DIVISION \nCARRIER/TPA                                                                                         RESPONDENT NO. 1 \n \nARKANSAS WORKERS’ COMPENSATION COMMS’N, \nSPECIAL FUNDS DIVISION                                                                 RESPONDENT NO. 2 \n                                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED FEBRUARY 14, 2025 \n \n \nHearing conducted on Thursday, February 13, 2025, before the Arkansas Workers’ Compensation \nCommission  (the Commission),  Administrative  Law  Judge (ALJ)  Mike  Pickens,  in El  Dorado, \nUnion County, Arkansas. \n \nThe claimant, Ms. Carmalith Snider, of Camden, Ouachita County, Arkansas, failed and/or refused \nto appear at the hearing.  \n \nRespondent   No.   1   was represented   by   the   Honorable Charles   H.   McLemore,   State   of \nArkansas/Public Employee Claims Division (Respondent No. 1, or PECD), Little Rock, Pulaski \nCounty, Arkansas. \n \nRespondent  No.  2,  the  Special  Funds  Division  of  the  Arkansas  Workers’  Compensation \nCommission (Respondent No. 2, or the Special Funds Division), is represented by the Honorable \nChristy L. King, who waived her appearance at the hearing.  \n \n \nSTATEMENT OF THE CASE \n \n           A hearing was conducted on Thursday, February 13, 2025, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 \nLexis Replacement) and Commission Rule 099.13 (2025 Lexis Replacement). \n\nCarmalith Snider, AWCC No. G807462 \n2 \n \n          The claimant herein previously was represented by counsel, the Honorable Laura Beth York \nof the Rainwater, Holt & Sexton law firm in Little Rock, Pulaski County, Arkansas. By unanimous \norder  filed July  1,  2021, the  Full  Commission  granted Ms. York’s request  to  withdraw  as  the \nclaimant’s counsel. Thereafter, by motion filed with the Commission on October 4, 2024 (MTD), \nRespondent  No.  1 requested  this  claim  be  dismissed  for  lack  of  prosecution  pursuant  to  the \naforementioned statute and Commission rule.  \n        In compliance with the applicable law the claimant was provided due and legal notice of the \nRespondent  No.  1’s MTD, as  well  as  the  date,  time,  and  location  of  the  subject  hearing.  The \nclaimant did not respond in writing to Respondent No. 1’s motion in any way, and she failed and/or \nrefused to appear at the subject hearing. Respondent No. 1’s MTD contains an accurate recitation \nof the relevant facts, which I hereby incorporate by reference as set forth word-for-word herein. \n(Respondent No. 1’s Exhibit 1 at 4-5; 1-10). \n       The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n       Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark.  App.  2004),  the  Commission  scheduled  and  conducted  a  hearing  on Respondent No. 1’s \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe  evidence  introduced  at  the  hearing and  contained  in  the  record conclusively  reveals  the \nclaimant has failed and/or refused to prosecute her claim at this time. \n     Therefore, after a thorough consideration of the facts, issues, the applicable law, representations \nof credible counsel, and other relevant matters of record, I hereby make the following: \n\nCarmalith Snider, AWCC No. G807462 \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After  having been  mailed due  and  legal  notice  of Respondent No. 1’s MTD without \nprejudice filed October 1, 2024, as well as notice of the date, time, and place of the subject \nhearing, the  claimant failed  and/or  refused  to  respond  in  any  way  to the MTD, and she \nfailed and/or refused to appear at the hearing. Therefore, the claimant is deemed to have \nwaived her right to a hearing on Respondent No. 1’s MTD. \n \n3. Respondent No. 1’s MTD without prejudice filed October 1, 2024, should be and hereby \nis GRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the \ndeadlines  prescribed by Ark.  Code  Ann. Section  11-9-702(a)  and  (b),  and Commission \nRule 099.13. \n \n      This Order shall not be construed to prohibit the claimant, her attorney, any attorney she may \nretain in the future, or anyone acting legally and on her behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n      If they have not already done so, Respondent No. 1 hereby is ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n      IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nCarmalith Snider, AWCC No. G807462 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. G807462 CARMALITH SNIDER, EMPLOYEE CLAIMANT ARKANSAS DEP’T OF CORRECTION/ OUACHITA RIVER UNIT, EMPLOYER RESPONDENT NO. 1 STATE OF ARKANSAS/ PUBLIC EMPLOYEE CLAIMS DIVISION CARRIER/TPA RESPONDENT NO. 1 ARKANSAS WORKERS’ COMPENSATION COMMS’N,","fetched_at":"2026-05-19T22:43:37.702Z","links":{"html":"/opinions/alj-G807462-2025-02-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SNIDER_CARMALITH_G807462_20250214.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}