{"id":"alj-H006189-2023-10-18","awcc_number":"H006189","decision_date":"2023-10-18","opinion_type":"alj","claimant_name":"Karen Bailey","employer_name":"Fordyce School Dist","title":"BAILEY VS. FORDYCE SCHOOL DIST. AWCC# H006189 OCTOBER 18, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":["lumbar"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BAILEY_KAREN_H006189_20231018.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BAILEY_KAREN_H006189_20231018.pdf","text_length":6036,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H006189 \n \nKAREN L. BAILEY, \nEMPLOYEE                                                                                                              CLAIMANT \n \nFORDYCE SCHOOL DIST., \nEMPLOYER                                                                                                         RESPONDENT  \n \nARK. SCHOOL BOARDS ASS’N  \nWORKERS’ COMPENSATION TRUST,/ \nARK. SCHOOL BOARDS ASS’N, \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \nOPINION AND ORDER FILED OCTOBER 18, 2023, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \nHearing conducted on Tuesday, October 17, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant was represented by the Honorable Tiffany Parker Nutt, of Fordyce, Dallas County, \nArkansas, who waived her appearance at the hearing. \n \nThe respondents were represented by the Honorable Guy Alton Wade, Friday, Eldredge & Clark, \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, October 17, 2023, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 \nLexis Replacement) and Commission Rule 099.13 (2023 Lexis Repl.). \n The respondents filed a letter motion to dismiss with the Commission on August 28, 2023, \nrequesting this claim be dismissed without prejudice for lack of prosecution. In accordance with \napplicable Arkansas law, the ALJ’s office mailed both the claimant and her attorney due and proper \nlegal notice of the respondents’ motion to dismiss, as well as a copy of the hearing notice at her \naddresses of record via the United States Postal Service (USPS), First Class Certified Mail, Return \nReceipt requested. Thereafter, the claimant’s attorney sent an email to the respondents’ attorney \n\nKaren L. Bailey, AWCC No. H006189 \n2 \n \ndated October 3, 2023, advising on her client’s behalf that she had no objection to the ALJ granting \nthe respondents’ motion to dismiss, and further advising she was waiving appearance at the subject \nhearing. (Respondents’ Exhibit 1, Comms’n’s file). \n  A hearing was held on February 2, 2022, concerning whether the claimant’s lumbar spine \ncondition was compensable, and whether she was entitled to surgery at the respondents’ expense. \nThe respondents asserted a valiant “employment services” defense; however, though a close case \nbased on the particular facts of this claim, the ALJ rendered a decision in the claimant’s favor. The \nrespondents did not appeal the ALJ’s decision, and paid for the claimant’s lumbar spine surgery. \nThe claimant eventually returned to her teaching job on campus, as opposed to her work teaching \nher students via television which she had done soon after her work injury, which injury occurred \nhad occurred during the COVID-19 pandemic which necessitated remote teaching and learning. \nThe claimant has not pursued any additional claim for benefits since the hearing and her lumbar \nspine surgery and the recovery period that followed it. \n The  record  herein  consists  of  the  hearing  transcript  and  any  and  all  exhibits  contained \ntherein and/or attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the  preponderance  of  the  evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has not had \na need to further prosecute her claim.  \n\nKaren L. Bailey, AWCC No. H006189 \n3 \n \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1.   The Commission has jurisdiction of this claim. \n \n2.   After having received due and legal notice of the respondents’ motion to  \n   dismiss as well as due and legal notice of the subject hearing, the claimant’s \n      attorney advised on the claimant’s behalf she had no objection to the ALJ \n      dismissing the claim without prejudice at this time, and she waived her \n      appearance at the subject hearing. \n \n3.   Moreover, the claimant has not felt the need to pursue her claim further after \n      her lumbar spine surgery, and to date she has not requested a hearing on any \n      issue(s).  \n \n4.   Therefore, the respondents’ letter motion to dismiss without prejudice filed \n      with the Commission on August 28, 2023, should be and hereby is \n      GRANTED pursuant to both Ark. Code Ann. Section 11-9-702(a)(4) and \n      Commission Rule 099.13. \n \n Nothing in this opinion and order shall be construed to prevent the claimant, her current \nattorney of record, or any other attorney she may hire to represent her, or any person acting with \nher permission and on her behalf from refiling this claim, if the claim is refiled within the deadlines \nset forth in Ark. Code Ann. Section 11-9-402.  \n The  respondents  shall pay  the  court  reporter’s  invoice  within  twenty  (20)  days  of  their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                    Administrative Law Judge \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H006189 KAREN L. BAILEY, EMPLOYEE CLAIMANT FORDYCE SCHOOL DIST., EMPLOYER RESPONDENT ARK. SCHOOL BOARDS ASS’N WORKERS’ COMPENSATION TRUST,/ ARK. SCHOOL BOARDS ASS’N, INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED OCTOBER 18, 2023, GRANTING RESPOND...","fetched_at":"2026-05-19T23:01:47.363Z","links":{"html":"/opinions/alj-H006189-2023-10-18","pdf":"https://labor.arkansas.gov/wp-content/uploads//BAILEY_KAREN_H006189_20231018.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}