{"id":"alj-H105648-2023-10-26","awcc_number":"H105648","decision_date":"2023-10-26","opinion_type":"alj","claimant_name":"Lashawn Rose","employer_name":"Desha County","title":"ROSE VS. DESHA COUNTY AWCC# H105648 OCTOBER 26, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/ROSE_LaSHAWN_H105648_20231026.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ROSE_LaSHAWN_H105648_20231026.pdf","text_length":2534,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H105648 \n \nLaSHAWN R. ROSE, EMPLOYEE                  CLAIMANT \n \nDESHA COUNTY, EMPLOYER             RESPONDENT \n \nASSOCIATION OF ARKANSAS COUNTIES – WCT,  \nCARRIER / AAC RISK MANAGEMENT SERVICES, TPA          RESPONDENT \n \n \nOPINION FILED 26 OCTOBER 2023 \n \n \n \nHearing before Administrative Law Judge JayO. Howe in McGehee, Desha County, \nArkansas, on Wednesday, 26 October 2023. \n \nMr. Mark Alan Peoples, Attorney-at-Law in Little Rock, Arkansas, represents the \nclaimant and waived his appearance. \n \nMr.  Mickael  E.  Ryburn,  Attorney-at-Law  in  Little  Rock,  Arkansas,  appeared  on \nbehalf of respondents. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above-styled  matter  on  26  October 2023,  in  McGehee, \nArkansas,  on  respondents’ Motion  to  Dismiss  this  matter.   This  claim  involves  an  alleged \nworkplace injury occurring on 28 June 2021. A First Report of Injury form was filed with the \nCommission on 14 July 2021. \n The  Commission  received  a  Form AR-C  on 11  January 2022.  Subsequently,  the \nclaimant  received  treatment  for  the  injury  and  was  eventually  released  to  full-duty.  An \nimpairment rating was assigned and paid accordingly by the respondents.  \nOn 30 August 2023, the respondents moved for a dismissal without prejudice for the \nclaimant’s  failure  to  prosecute this  claim. As  argued  in  the  respondents’ Motion,  the  file \nreflects no request for a hearing on the claim in the relevant time preceding the filing of that \nMotion.  Appropriate notice of the Motion was sent to the claimant, and on 8 September 2023 \n\nL. ROSE- H10564 \n2 \n \nshe communicated, through counsel, that she did not intend to resist the Motion so long as \nthe dismissal was without prejudice. After the hearing on the Motion was set and notice was \nsent,  the  claimant  communicated  on  5  October  2023,  again  through  counsel,  that  she \nintended to waive her appearance at the hearing.  \nThe respondents appeared today to present their unopposed Motion to Dismiss. Based \non the record, available evidence, and argument of counsel, I find that the Motion to Dismiss \nshould be granted and that the matter should be dismissed without prejudice.  \nORDER \n Pursuant to the above, I find that the Motion to Dismiss should be granted and that \nthis matter should be dismissed without prejudice at this time.   \nSO ORDERED. \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H105648 LaSHAWN R. ROSE, EMPLOYEE CLAIMANT DESHA COUNTY, EMPLOYER RESPONDENT ASSOCIATION OF ARKANSAS COUNTIES – WCT, CARRIER / AAC RISK MANAGEMENT SERVICES, TPA RESPONDENT OPINION FILED 26 OCTOBER 2023 Hearing before Administrative Law Judge JayO. Howe in M...","fetched_at":"2026-05-19T23:02:18.723Z","links":{"html":"/opinions/alj-H105648-2023-10-26","pdf":"https://labor.arkansas.gov/wp-content/uploads/ROSE_LaSHAWN_H105648_20231026.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}