{"id":"alj-H103107-2023-01-12","awcc_number":"H103107","decision_date":"2023-01-12","opinion_type":"alj","claimant_name":"Andrea Woods","employer_name":"Pulaski County Special School Dist","title":"WOODS VS. PULASKI COUNTY SPECIAL SCHOOL DIST. AWCC# H103107 JANUARY 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WOODS_ANDREA_H103107_20230112.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WOODS_ANDREA_H103107_20230112.pdf","text_length":5605,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H103107 \n \nANDREA WOODS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nPULASKI COUNTY SPECIAL SCHOOL DIST., \nEMPLOYER                                                                                                         RESPONDENT  \n \nARK. SCHOOL BOARDS ASS’N WORKERS’ \nCOMPENSATION TRUST/ARK. SCHOOL BDS. ASS’N \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION AND ORDER FILED JAUNUARY 12, 2023 \nHOLDING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE IN \nABEYANCE FOR 60 DAYS \n \nHearing conducted on Wednesday, January 12, 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  Willard  Proctor,  Jr.,  Proctor  Law  Firm,  Little \nRock, Pulaski County, Arkansas.  \n \nThe  respondents  were  represented  by  the  Honorable  Carol  Lockhard  Worley,  Worley,  Wood  & \nParrish, Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing  was  conducted  on  Wednesday,  January  11,  2023,  to  determine  whether  this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2022)  Lexis  Replacement)  and  Commission  Rule  099.13  (2022  Lexis  Repl.).  The  respondents \nfiled a motion to dismiss with the Commission on November 14, 2022, requesting this claim be \ndismissed without prejudice for lack of prosecution. (Respondents’ Exhibit 1). \n           In accordance with applicable Arkansas law, the claimant was mailed due and proper legal \nnotice of both the respondents’ motion to dismiss as well as a copy of the hearing notice at his \ncurrent addresses of record via the United States Postal Service (USPS), First Class Certified Mail,  \n\nAndrea Woods, AWCC No. H103107 \n \n2 \n \nReturn  Receipt  Requested,  which  she  received  as  is  evidenced  by  Commission  Exhibit  1.  The \nclaimant  and  her  attorney  appeared  in  person  at  the  hearing  and  objected  to  the  respondents’ \nmotion to dismiss. The claimant’s attorney advised he intended to communicate and work with the \nrespondents’ attorney in order attempt to resolve some outstanding health insurance liens in order \nthat the parties may enter into settlement negotiations. The claimant’s attorney advised he intended \nto request a hearing if the parties’ were unable to resolve the outstanding issues.  \n The  record  herein  consists  of  the  hearing  transcript  and  any  and  all  exhibits  contained \ntherein and attached thereto, as well as the Commission’s entire file in this matter by reference. \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 demonstrates the claimant has \nneither requested a hearing nor taken any action as of the hearing date to prosecute her claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, and as I advised the parties on the record at the hearing, I hereby make \nthe following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. The ALJ will hold in abeyance a decision on the respondents’ subject motion to \n                  dismiss without prejudice for a period of 60 days, or until Monday, March 14, \n                  2023 (since 60 days from the hearing date falls on a Sunday). \n \n      3.         The parties have 60 days from the hearing date, or until Monday, March 14, \n                  2023, to obtain any and all additional information they require and to attempt to  \n\nAndrea Woods, AWCC No. H103107 \n \n3 \n \n                  resolve any and all outstanding liens, and/or other issues, if any remain.  \n \n      4.       If, within five (5) days after the expiration of this 60-day time-period the claimant \n                does not request, in writing (with a copy to the respondents’ attorney, of course), a \n                hearing before the Commission and advise both the Commission and the respondents \n                exactly what specific issues she believes are ripe for a hearing, the ALJ will grant \n                the respondents’ motion to dismiss filed November 14, 2022, without prejudice, and \n                without the necessity of either the respondents filing another motion, and without \n                holding another hearing on the motion. \n \n     If they have not already done so, the respondents shall pay the court reporter’s invoice within \n \n twenty (20) days of the filing of this opinion and order. \n \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H103107 ANDREA WOODS, EMPLOYEE CLAIMANT PULASKI COUNTY SPECIAL SCHOOL DIST., EMPLOYER RESPONDENT ARK. SCHOOL BOARDS ASS’N WORKERS’ COMPENSATION TRUST/ARK. SCHOOL BDS. ASS’N INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED JAUNUARY 12, 2023 HOLDING R...","fetched_at":"2026-05-19T23:11:25.469Z","links":{"html":"/opinions/alj-H103107-2023-01-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/WOODS_ANDREA_H103107_20230112.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}