{"id":"alj-H100782-2024-03-28","awcc_number":"H100782","decision_date":"2024-03-28","opinion_type":"alj","claimant_name":"Susan Webb","employer_name":"Arkansas Democrat-Gazette, Inc","title":"WEBB VS. ARKANSAS DEMOCRAT-GAZETTE, INC. AWCC# H100782 MARCH 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WEBB_SUSAN_H100782_20240328.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WEBB_SUSAN_H100782_20240328.pdf","text_length":3331,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H100782 \n \nSUSAN Y. WEBB, EMPLOYEE        CLAIMANT \n \nARKANSAS DEMOCRAT-GAZETTE, INC., EMPLOYER         RESPONDENT \n \nAMERICAN ZURICH INS. CO./ \nGALLAGHER BASSETT SERVICES, INC., CARRIER/TPA       RESPONDENT \n  \n \n \nOPINION FILED 28 MARCH 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe, 27 March 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Rick Behring, Jr., 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 27 March 2024. This case relates to a workplace injury sustained on 21 \nOctober 2019, when she was delivering materials for her employer and an elevator door hit \nher right shoulder and upper arm. A First Report of Injury and a Form AR-2 were filed on 2 \nFebruary 2021 accepting the claim. On 28 July 2021, the claimant filed a Form AR-C seeking \nvarious benefits.  \n On 12 April 2022, the respondents filed their initial Motion to Dismiss for failure to \nprosecute the claim. The claimant communicated her objection to a dismissal, and, by way of \na letter dated 3 May 2022, the Commission held that motion in abeyance, anticipating a \nhearing on the matter. After holding a prehearing telephone conference, the matter was \nreturned to the Commission’s General Files, as evidenced by the Commission’s letter dated \n27 July 2022. \n\nS. WEBB- H100782 \n2 \n \n The respondents renewed their Motion to Dismiss for failure to prosecute on 29 \nFebruary 2024. In that Motion, the respondents indicated that the claimant sought, gained \nauthorization for, and successfully recovered from a surgery related to the work injury. They \nfurther stated that the claimant had not sought a hearing on any matter at controversy in \nthe six (6) months preceding that filing.  In an email to the Commission dated 7 March 2024, \nthe claimant noted that her surgery was a success, that she was not experiencing any injury-\nrelated pain, and that she did not object to the dismissal. \nThe  respondents  appeared on  27  March  2024,  presented  their  motion,  and  offered \nsupporting  evidence into  the  record. As  argued by  the  respondents at the  hearing,  the  file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of that \nmotion. The most recent activity from the claimant, instead, being her relaying good news \nabout her surgery and her being agreeable to this matter’s dismissal. \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six months without a bona fide request for a hearing. Our Rule 099.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter should \nbe dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H100782 SUSAN Y. WEBB, EMPLOYEE CLAIMANT ARKANSAS DEMOCRAT-GAZETTE, INC., EMPLOYER RESPONDENT AMERICAN ZURICH INS. CO./ GALLAGHER BASSETT SERVICES, INC., CARRIER/TPA RESPONDENT OPINION FILED 28 MARCH 2024 Heard before Arkansas Workers’ Compensation Commi...","fetched_at":"2026-05-19T22:56:59.917Z","links":{"html":"/opinions/alj-H100782-2024-03-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WEBB_SUSAN_H100782_20240328.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}