{"id":"alj-H103529-2023-05-24","awcc_number":"H103529","decision_date":"2023-05-24","opinion_type":"alj","claimant_name":"Lance Jeffers","employer_name":"United Parcel Service, Inc","title":"JEFFERS VS. UNITED PARCEL SERVICE, INC. AWCC# H103529 MAY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//JEFFERS_LANCE_H103529_20230524.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JEFFERS_LANCE_H103529_20230524.pdf","text_length":5063,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H103529 \n \nLANCE G. JEFFERS, \nEMPLOYEE CLAIMANT \n \nUNITED PARCEL SERVICE, INC., \nEMPLOYER RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA/ \nESIS, INC. \nCARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED MAY 24, 2023 \n \nHearing conducted on Wednesday, May 24, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Lance Jeffers, pro se, of Little Rock, Pulaski County, Arkansas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable David C. Jones, Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, May 24 2023, to determine whether this claim should \nbe dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 Lexis \nReplacement) and Commission Rule 099.13 (2023 Lexis Replacement). \n On March 7, 2023, the respondents filed with the Commission a motion to dismiss without \nprejudice (MTD) requesting that this claim be dismissed for lack of prosecution. Thereafter, \npursuant to the applicable law and in advance of the hearing the claimant was mailed a copy of the \nrespondents’ MTD and the subject hearing notice. The claimant failed and/or refused to respond \nto either the respondents’ MTD or to the Commission’s hearing notice, and he failed and/or refused \nto appear at the subject hearing. \n\nLance G. Jeffers, AWCC No. H103529 \n2 \n \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4), as well as our court of appeals’ ruling in \nDillard 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 reveals the claimant has failed \nand/or refused to prosecute his claim at this time. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of both the respondents’ (MTD) and the \nsubject hearing date, time, and place, the claimant neither inquired concerning or responded \nto the motion in any way, and he did not appear, nor cause anyone to appear on his behalf, \nat the subject hearing. Therefore, the claimant is deemed to have waived his right to a \nhearing on the respondents’ motion to dismiss without prejudice. \n \n3. The claimant has to date failed and/or refused to request a hearing, and he has failed \nand/or refused to take any action(s) to prosecute his claim. \n \n4. Therefore, the respondents’ motion to dismiss without prejudice filed April 3, 2023, is \nGRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain 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\nLance G. Jeffers, AWCC No. H103529 \n3 \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \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 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nLance G. Jeffers, AWCC No. H103529 \n4 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H103529 LANCE G. JEFFERS, EMPLOYEE CLAIMANT UNITED PARCEL SERVICE, INC., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA/ ESIS, INC. CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED MAY 24, 2023","fetched_at":"2026-05-19T23:07:53.537Z","links":{"html":"/opinions/alj-H103529-2023-05-24","pdf":"https://labor.arkansas.gov/wp-content/uploads//JEFFERS_LANCE_H103529_20230524.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}