{"id":"alj-H010556-2023-03-23","awcc_number":"H010556","decision_date":"2023-03-23","opinion_type":"alj","claimant_name":"Shanna Shelton","employer_name":"Crestpark Stuttgart LLC","title":"SHELTON VS. CRESTPARK STUTTGART LLC AWCC# H010556 & H205950 MARCH 23, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:2","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SHELTON_SHANNA_H010556_H205950_20230323.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHELTON_SHANNA_H010556_H205950_20230323.pdf","text_length":3564,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM Nos H010556 & H205950 \n \nSHANNA SHELTON, EMPLOYEE        CLAIMANT \n \nCRESTPARK STUTTGART LLC, EMPLOYER              RESPONDENT  \n \nARK SELF-INSURANCE TRUST/CCMSI  \nCARRIER/TPA                   RESPONDENT \n  \n \nOPINION FILED MARCH 23, 2023 \n \nHearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski \nCounty, Arkansas, on March 22, 2023. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by Worley, Wood & Parrish, P.A. Ms. Melissa Wood \nappeared. \nSTATEMENTS OF THE CASE \n A hearing was held in the above-styled claims on March 22, 2023, on the \nrespondents’ Motion(s) to Dismiss for failure to prosecute under Arkansas Workers’ \nCompensation Commission (AWCC) Rule 099.13.  The claims involve alleged workplace \ninjuries sustained on or about October 5, 2020, and August 13, 2022, for Claims H010556 \nand H205950, respectively. Both claims stated occupational diseases related to exposure to \nCOVID-19.   \nAs evidenced in Respondents’ Exhibit No 1, admitted into the record without \nobjection, several forms were filed with the Commission regarding either or both claims. \nClaimant filed a Form AR-C for Claim H205950 on August 19, 2022. The respondents \ndenied compensability by way of a Form AR-2 dated August 29, 2022. On September 12, \n2022, the Commission received a letter from the claimant stating, “I Shanna Shelton do \nwant to appeal my working [sic] compensation case & do agree [sic?] with the decision!” The \n\nSHELTON- H010556 & H205950 \n2 \n \nfile reflects a September 28, 2022, memorandum from the AWCC Legal Advisor Division \nthat notes an effort to mediate the claims. The parties met on October 26, 2022, but per the \nform AR-R dated the same day, no resolution was achieved.  \nSubsequently, a Preliminary Notice and Pre-hearing Questionnaire were sent to the \nclaimant, directing Questionnaire responses and exhibits to be filed no later than \nNovember 23, 2022. The Commission received no responsive documents or communications. \nThe respondents then moved for dismissal under AWCC Rule 099.13 on January 11, 2023. \nThe Commission sent notice of that motion to the claimant on January 19, 2023, directing \nany written response to be filed within twenty (20) days. The files evidence no such \nresponsive documents. A hearing on the dismissal was set for March 22, 3023, and notice of \nthe same was sent to the claimant on February 21, 2023. \nAs noted above, the claimant failed to appear for the March 22, 2023, hearing. Ms. \nWood appeared for the respondents, presenting argument and evidence of the claimant’s \nfailure to diligently prosecute her claims and her failure to submit a bona fide request for a \nhearing on any matter ripe for adjudication since the filing of the AR-C. Indeed, my review \nof the papers evidences the same. \n After a review of the records before me as a whole, to include all evidence properly \nbefore the Commission, and having had an opportunity to hear the statements of the \nrespondents’ attorney, to which there was no rebuttal or resistance on behalf of the \nclaimant, there is no alternative but to find that the Motion(s) to Dismiss should be granted \nat this time for the claimant’s failure to prosecute her claim and that the matter should be \ndismissed without prejudice. \nORDER \n Dismissal of AWCC Claim Nos H010556 & H205950 is hereby be granted. These \nclaims are dismissed without prejudice.   \n \nSO ORDERED. \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM Nos H010556 & H205950 SHANNA SHELTON, EMPLOYEE CLAIMANT CRESTPARK STUTTGART LLC, EMPLOYER RESPONDENT ARK SELF-INSURANCE TRUST/CCMSI CARRIER/TPA RESPONDENT OPINION FILED MARCH 23, 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski Co...","fetched_at":"2026-05-19T23:09:51.047Z","links":{"html":"/opinions/alj-H010556-2023-03-23","pdf":"https://labor.arkansas.gov/wp-content/uploads/SHELTON_SHANNA_H010556_H205950_20230323.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}