{"id":"alj-G900234-2025-08-13","awcc_number":"G900234","decision_date":"2025-08-13","opinion_type":"alj","claimant_name":"Ramona Ruth","employer_name":"Evergreen Packaging, LLC","title":"RUTH VS. EVERGREEN PACKAGING, LLC AWCC# G900234 August 13, 2025","outcome":"dismissed","outcome_keywords":["dismissed:4","denied:3"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RUTH_RAMONA_K_G900234_20250813.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RUTH_RAMONA_K_G900234_20250813.pdf","text_length":4139,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No G900234 \n \nRAMONA K. RUTH, EMPLOYEE         CLAIMANT \n \nEVERGREEN PACKAGING, LLC, EMPLOYER                    RESPONDENT \n \nACE AMERICAN INSURANCE CO./ \nGALLAGHER BASSETT SERVICES, INC., CARRIER/TPA       RESPONDENT \n  \n \n \nOPINION FILED 13 AUGUST 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 6 August 2025 in Little Rock, Arkansas. \n \nThe Davis Law Firm, Mr. Gary Davis, appeared for the claimant. \n \nThe Frye Law Firm, Mr. William C. Frye, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n This case relates to a workplace injury occurring on 17 May 2018. A hearing on the \nrespondents’ recent Motion to Dismiss was held on this matter in Little Rock, Arkansas, on \n6 August 2025. The record from the hearing consists of the hearing transcript; Respondents’ \nExhibit No 1, which consists of one index page and a subsequent 32 pages of medical and \nbilling records; and Commission’s Exhibit No 1, a Prehearing Order dated 27 May 2025. I \nam also blue-backing to this opinion a letter to the parties dated 1 April 2025 that relates to \nthe parties efforts discussed during a prehearing call on that date. In accordance with Sapp \nv. Tyson Foods, Inc., 2010 Ark. App. 517, 2010 Ark. App. LEXIS 549, that document is \nbeing served on the parties in conjunction with this opinion. \nOn 21 January 2025, the respondents moved for a dismissal under Commission Rule \n099.13 (now codified at 11 C.A.R. § 25-110(d)). A hearing was then set and notices sent \naccordingly. The claimant indicated that she had experienced some difficulties in obtaining \n\nRUTH- G900234 \n2 \n \nongoing medical treatment related to her compensable right shoulder injury. The parties \ndiscussed the matter briefly during a phone conference and requested a subsequent \nconference be set after being allowed some time to review the potential issues regarding \nongoing treatment. After another prehearing conference on 27 May 2025, the matter was \nset for a hearing on the respondents’ motion. A Prehearing Order was entered that day. \nA hearing was previously held in this claim in front of ALJ Katie Anderson on 31 \nMarch 2022. An Opinion and Order was entered on 29 June 2022. Neither party appealed \nthat ruling. The record of the previous hearing and the accompanying Order were \nacknowledged by the parties and discussed at the hearing. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n 2. The Law of the Case Doctrine applies to the 29 June 2022 Opinion’s findings. \n3. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on that motion. \n \n4. The evidence preponderates that the claimant has not failed to prosecute her \nclaim under 11 C.A.R. § 25-110(d). \n \n5. The Motion to Dismiss is denied without prejudice. \n \nDISCUSSION \nThe parties appeared on 6 August 2025. The evidence and testimony showed that \nthe claimant was continuing to seek and obtain treatment that purported to be related to \nher compensable injury. Her providers, however, have not provided notice of those \ntreatments, nor have they billed the respondents for those treatments. The claimant \ncontinues to treat with some regularity, which includes receiving injections that she \ntestified are related to her compensable right shoulder injury. She testified that she is also \n\nRUTH- G900234 \n3 \n \ntreated for other conditions with the same providers and that those conditions are not \nrelated to her compensable injury. \nThe claimant has shown that she has made efforts towards prosecuting her claim \nand that she intends to continue doing so. The respondents’ motion to dismiss is denied \nwithout prejudice, accordingly. \nORDER \n The Motion to Dismiss is DENIED WITHOUT PREJUDICE.  \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No G900234 RAMONA K. RUTH, EMPLOYEE CLAIMANT EVERGREEN PACKAGING, LLC, EMPLOYER RESPONDENT ACE AMERICAN INSURANCE CO./ GALLAGHER BASSETT SERVICES, INC., CARRIER/TPA RESPONDENT OPINION FILED 13 AUGUST 2025 Heard before Arkansas Workers’ Compensation Commissi...","fetched_at":"2026-05-19T22:37:31.137Z","links":{"html":"/opinions/alj-G900234-2025-08-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RUTH_RAMONA_K_G900234_20250813.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}