{"id":"alj-H103187-2023-03-21","awcc_number":"H103187","decision_date":"2023-03-21","opinion_type":"alj","claimant_name":"Andrea Woods","employer_name":"Pulaski County Special School Dist","title":"WOODS VS. PULASKI COUNTY SPECIAL SCHOOL DIST. AWCC# H103187 MARCH 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WOODS_ANDREA_H103187_20230321.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WOODS_ANDREA_H103187_20230321.pdf","text_length":7135,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H103187 \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 TO DISMISS WITHOUT PREJUDICE  \nFILED MARCH 21, 2023 \n \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 18, 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. H103187 \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            In  an  Amended  Opinion  and  Order  filed  January  19,  2023  (the  Amended  Opinion  and \nOrder), at the request of the claimant and her attorney the ALJ held a decision on the respondents’ \nmotion to dismiss for lack of prosecution in abeyance for a period of 60 days – or until Monday, \nMarch 13, 2023, since 6o days from the hearing date fell on a Sunday. The ALJ explained in the \nsubject order that the additional 60-day period was allowed in order to provide the parties any and \nall additional information they required in order to, “attempt to resolve any and all outstanding \nliens, and/or other issues, if any remain.” (Amended Opinion and Order filed January 19, 2023, \n“Findings of Fact and Conclusions of Law”, Paragraphs 1,2, and 3).  \n\nAndrea Woods, AWCC No. H103187 \n \n3 \n \n          The Amended Opinion and Order went on to state that if the claimant and/or her attorney \ndid not request a hearing within five (5) days of the expiration of the 60-day time period and advise \nboth the Commission and the respondents in writing what specific issue(s) she/they believed were \nripe for a hearing, the ALJ would grant the respondents’ motion to dismiss for lack of prosecution \nwithout prejudice filed November 18, 2022, without the necessity of the respondents filing another \nmotion,  and  without  the  Commission  holding  another  hearing  on  the  underlying  motion.  (Id. at \nParagraph 4).   \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 \n1.      The Commission has jurisdiction of this claim. \n \n      2.        Neither the claimant nor her attorney of record have, within five (5) days after the \n                 expiration of the aforementioned mutually agreed 60-day time-period, requested \n                 a hearing, in writing, advising both the Commission and the respondents what \n                 specific issue(s) she/they believe are ripe for a hearing in compliance with the \n                 Amended Opinion and Order filed January 19, 2023.  \n \n      3.       The preponderance of the evidence reveals the claimant has to date not requested a \n                 hearing within the last six (6) months, nor has she taken steps to actively prosecute \n                 her claim. \n                \n4.       Therefore, the respondents’ motion to dismiss without prejudice filed November \n          18, 2022, hereby is GRANTED; and this claim hereby is dismissed without prejudice \n          to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9- \n          702(a) and (b), and Commission Rule 099.13. \n  \n           \n          This Order shall not be construed to prohibit the claimant, his attorney, any attorney he \nmay retain in the future, or anyone acting legally and on his behalf, from refiling the claim if it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n\nAndrea Woods, AWCC No. H103187 \n \n4 \n \n \n \n           If  they  have  not already done so, the respondents shall pay the court reporter’s invoice \nwithin twenty (20) days of the filing of this opinion and order. \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 \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H103187 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 TO DISMISS WITHOUT PREJUDICE FILE...","fetched_at":"2026-05-19T23:09:40.587Z","links":{"html":"/opinions/alj-H103187-2023-03-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/WOODS_ANDREA_H103187_20230321.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}