{"id":"alj-G901020-2023-12-05","awcc_number":"G901020","decision_date":"2023-12-05","opinion_type":"alj","claimant_name":"Cheryl Rentner","employer_name":"United Parcel Service, Inc","title":"RENTNER VS. UNITED PARCEL SERVICE, INC. AWCC# G901020 DECEMBER 5, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["wrist","carpal tunnel"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/RENTNER_CHERYL_G901020_20231205.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RENTNER_CHERYL_G901020_20231205.pdf","text_length":3900,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. G901020 \n \nCHERYL RENTNER, Employee        CLAIMANT \n \nUNITED PARCEL SERVICE, INC., Employer      RESPONDENT \n \nLIBERTY MUTUAL GROUP, Carrier/TPA    RESPONDENT \n \n \n OPINION FILED DECEMBER 5, 2023  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n       \nClaimant represented by EVELYN E. BROOKS, Attorney at Law, Fayetteville, Arkansas. \n \nRespondent represented by DAVID C. JONES, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \n On April 22, 2019, the claimant’s attorney, Evelyn E. Brooks, filed an AR-C requesting \nvarious  compensation  benefits,  alleging  injuries  to  her  right  upper  extremity  and  wrist  on  or \nabout  February  11,  2019.  The  claim  was  accepted  as  compensable,  and  the  claimant  began  to \nreceive treatment. \n On or about April 20, 2021, the claimant underwent carpal tunnel surgery at the direction \nof  Dr.  James  Kelly.  The  claimant  was  released  to  return  to  work  by  Dr.  Kelly  as  of  June  15, \n2021, in a regular-duty capacity with no restrictions, and was assigned a 10% impairment rating, \nwhich was paid out as of January 13, 2022. \n In   June   2022,   defense   counsel   and   the   claimant’s   counsel   exchanged   various \ncorrespondence  concerning  the  claimant’s  work  status  and  potential  dismissal  issues  on  the \nclaim.  In  early  August  2022,  the  parties  reached  settlement  terms  to  try  and  amicably  close  out \n\nRentner – G901020 \n \nthe claim. A joint petition settlement was scheduled on this claim for August 30, 2022, but was \ncancelled  based  on  the  claimant  not  wishing  to  proceed  with  settlement  because  of  collateral \nissues.  Throughout  the  fall  of  2022  and  spring  of  2023,  defense  counsel  and  the claimant’s \ncounsel continued to discuss the issues and options for potential litigation. However, the parties \nwere unable to resolve the issues based on collateral factors unrelated to the current claim. \n No hearing or further action has been taken in regard to this claim. \n On August 18, 2023, the respondents filed a Motion to Dismiss requesting that this claim \nbe  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  October  3,  2023.  Notice  of \nthat  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  August  30, \n2023.  United  States  Postal  Department  records  indicate  that  claimant  received  the  notice  on \nSeptember  21,  2023.  Despite  having  received  notice  of  the  hearing,  as  well  as  engaging  in  an \nextensive  conversation  with  Ms.  Brooks  urging  her  to  attend  the  hearing,  the  claimant  did  not \nappear, nor did she contact the Commission in any manner.  \nAfter  a  review of  the  respondents’  Motion  to  Dismiss,  the  claimant’s lack  of  response \nthereto,  and  her  failure  to  appear  at  the  scheduled  hearing,  as  well  as  all  other  matters  properly \nbefore  the  Commission,  I  find  that  the  respondents’  Motion  to  Dismiss  should  and  hereby  is \ngranted pursuant to Commission Rule 099.13. This dismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n  \n\nRentner – G901020 \n \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G901020 CHERYL RENTNER, Employee CLAIMANT UNITED PARCEL SERVICE, INC., Employer RESPONDENT LIBERTY MUTUAL GROUP, Carrier/TPA RESPONDENT OPINION FILED DECEMBER 5, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Ar...","fetched_at":"2026-05-19T22:59:05.355Z","links":{"html":"/opinions/alj-G901020-2023-12-05","pdf":"https://labor.arkansas.gov/wp-content/uploads/RENTNER_CHERYL_G901020_20231205.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}