{"id":"alj-H004744-2023-02-28","awcc_number":"H004744","decision_date":"2023-02-28","opinion_type":"alj","claimant_name":"Gloria Blaylock","employer_name":"Pine Bluff School District","title":"BLAYLOCK VS. PINE BLUFF SCHOOL DISTRICT AWCC# H004744 FEBRUARY 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:4"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BLAYLOCK_GLORIA_H004744__20230228.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BLAYLOCK_GLORIA_H004744__20230228.pdf","text_length":3692,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H 004744 \n \nGLORIA BLAYLOCK, EMPLOYEE       CLAIMANT \n \nPINE BLUFF SCHOOL DISTRICT, EMPLOYER        RESPONDENT  \n \nAR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA       RESPONDENT   \n \nOPINION FILED FEBRUARY 28, 2023 \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe in Pine  Bluff,  Jefferson \nCounty, Arkansas, on February 9, 2023. \n \nClaimant is Pro Se and did not appear. \n \nRespondents are represented by Worley, Wood & Parrish, PA. Mr. Jarrod S. Parrish \nappeared. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above  styled  matter  on  February  9,  2023,  on  the \nrespondents’ Motion to Dismiss for failure to prosecute pursuant to Arkansas Code Annotated \n§  11-9-702  of  the  Arkansas  Workers’  Compensation (AWCC)  Act and  AWCC  Rule  099.13.  \nThe  claim  involves  an  injury  which  allegedly  occurred  on  or  about  May  14,  2019.  \nForms AR-1 and AR-2 were filed on July 20,2022. The claim was listed as medical only.   \nA  Motion  to  Dismiss  was  first  filed  on  February  23,  2022,  and  the  claimant  filed  a \nresponse  on  March  22,  2022,  appearing  to  resist  dismissal.  Prehearing    questionnaire \nresponses  were  received  from  the  claimant  and  the  respondents  on  April  11  and  April  19, \n2022, respectively. Claimant subsequently sought a Change of Physician (COP), which was \ngranted by way of an Order from the Medical Cost Containment Division on June 27, 2022.\n1\n   \n \n1\n In June of 2022, I was serving as the Administrator of the AWCC’s Medical Cost \nContainment Division (MCCD), and, accordingly, my signature appears on the Order \ngranting the COP. Such Orders are regularly granted pro forma, after being coordinated by \nMCCD staff. I do not recall any direct discussion or correspondence with the claimant in my \n\nBLAYLOCK- H 004744 \n2 \n \nThe immediate Motion to Dismiss was filed on December 12, 2022, and a hearing was \nset for 11:00 am on Thursday, February 9, 2023. Notice of the Motion sent via certified mail \nand First Class mail to the claimant at the address provided to the Commission by her, which \nis consistent with the return address on her March 22 and April 11, 2022, filings. A certified \ncopy of the motion notice letter was returned unsigned, as was the January 5, 2023, Notice \nof Hearing. The First Class letters were not returned.  \nThe  claimant  failed  to  appear  at  the  hearing;  nor  did  she  provide  any  proposed \nexhibits  resisting  the  motion  prior  to  the  hearing.  Mr.  Parrish  presented  evidence  and, \nconsistent with the respondents’ Motion, asked that the case be dismissed for the claimant’s \nfailure to prosecute her claim, as more than six (6) months had passed without any request \nfor  a  hearing  on  an  issue  ripe  for  adjudication.  Indeed,  the  record  before  reflects  no  such \nrequest in the six (6) months prior to the filing of the Motion. \n After  a  review  of  the  record  as  a  whole,  to  include  all  evidence  properly  before  the \nCommission,  and  having had  an  opportunity  to  hear  the  statements  of  the respondent’s \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted at \nthis time, and the matter should be dismissed without prejudice. \nORDER \n The  Motion  to  Dismiss  is  hereby  be  granted,  and  this  matter  shall  be  dismissed \nwithout prejudice.   \nIT IS SO ORDERED. \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE   \n   \n \nprevious role as the MCCD Administrator and do not feel or find that any conflict exists \nthat would require my recusal from this matter.","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H 004744 GLORIA BLAYLOCK, EMPLOYEE CLAIMANT PINE BLUFF SCHOOL DISTRICT, EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 28, 2023 Hearing before Administrative Law Judge JayO. Howe in Pine Bluff, Jefferson Count...","fetched_at":"2026-05-19T23:10:43.526Z","links":{"html":"/opinions/alj-H004744-2023-02-28","pdf":"https://labor.arkansas.gov/wp-content/uploads//BLAYLOCK_GLORIA_H004744__20230228.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}