{"id":"alj-H009892-2024-03-12","awcc_number":"H009892","decision_date":"2024-03-12","opinion_type":"alj","claimant_name":"Joanie Owens","employer_name":"Kroger Ltd. Partnership I","title":"OWENS VS. KROGER LTD. PARTNERSHIP I AWCC# H009892 MARCH 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/OWENS_JOANIE_H009892_20240312.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OWENS_JOANIE_H009892_20240312.pdf","text_length":2592,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H009892 \n \nJOANIE L. OWENS, EMPLOYEE       CLAIMANT \n \nKROGER LTD. PARTNERSHIP I, EMPLOYER              RESPONDENT \n \nKROGER LTD. PARTNERSHIP I/SEDGEWICK, \nCARRIER/TPA                           RESPONDENT  \n \n \nOPINION FILED 12 MARCH 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe, 6 March 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMs. Karen H. McKinney, Attorney-at-Law of Little Rock, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 6 March 2024.  This case relates to a workplace injury sustained on or \nabout 20 November 2020, with a Form AR-C filed on 3 December 2020 and a First Report of \nInjury filed the following day.  A Form AR-2 accepting the claim was also filed on 4 December \n2020.  \n According to the respondents, benefits were paid accordingly through the life of this \nclaim.  The claimant’s attorney filed a Motion to Withdraw on 21 February 2023, and the Full \nCommission granted that Motion in an Order dated 3 March 2023.  \n The respondents filed their Motion to Dismiss for Failure to Prosecute on 4 January \n2024, stating that the claimant had not sought a hearing on any matter at controversy in the \nsix (6) months preceding that filing.  The claimant did not file an objection to the dismissal \nor  appear  at  the  hearing  to  argue  against  the  respondents’ Motion. The  respondents \n\nJ. OWENS- H009892 \n2 \n \nappeared, presented their Motion, and offered supporting evidence into the record.  As argued \nby the respondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of that motion.  \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing. Commission \nRule 099.13 provides for  a  dismissal  for  failure  to prosecute  an  action upon  application  by \neither  party. Based  on  the  record, the available  evidence, and the  arguments  of  the \nrespondents’ counsel, I find that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H009892 JOANIE L. OWENS, EMPLOYEE CLAIMANT KROGER LTD. PARTNERSHIP I, EMPLOYER RESPONDENT KROGER LTD. PARTNERSHIP I/SEDGEWICK, CARRIER/TPA RESPONDENT OPINION FILED 12 MARCH 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative...","fetched_at":"2026-05-19T22:56:13.918Z","links":{"html":"/opinions/alj-H009892-2024-03-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/OWENS_JOANIE_H009892_20240312.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}