{"id":"alj-H106381-2024-07-25","awcc_number":"H106381","decision_date":"2024-07-25","opinion_type":"alj","claimant_name":"Derwin Lee","employer_name":null,"title":"LEE VS. DEPT. OF CORRECTIONAWCC# H106381July 25, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/LEE_DERWIN_H106381_20240725.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LEE_DERWIN_H106381_20240725.pdf","text_length":2781,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H106381 \n \nDERWIN LEE, EMPLOYEE        CLAIMANT \n \nDEPT. OF CORRECTION, SELF-INSURED EMPLOYER        RESPONDENT \n \nPUBLIC EMPLOYEE CLAIMS DIVISION,  \nTHIRD PARTY ADMINISTRATOR                RESPONDENT \n  \n \n \nOPINION FILED 25 JULY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 25 July 2024 in McGehee, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Charles McLemore 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 \nMcGehee, Arkansas, on 25 July 2024. This case relates to an alleged workplace injury \nsustained on or about 31 July 2021. The Commission’s file reflects filings through the life of \nthis claim, including a Prehearing Order dated 3 March 2022. Subsequent to the entry of \nthat Order, the claimant filed a letter response, file-marked on 9 March 2022, indicating \nthat he “would not like to pursue” his claim. The matter was then returned to the \nCommission’s General Files. \n On 5 June 2024, the respondents requested a dismissal of this matter for want of \nprosecution. See Exhibit No 1. Letters providing notice of that motion and notice of the \nhearing were sent to the claimant, consistent with the Commission’s practice. As I noted at \nthe hearing, the claimant contacted the Commission after receiving notice of the motion \n\nD. Lee- H106381 \n2 \n \nand hearing, and, as indicated in an email appended to the Commission’s file, indicated \nthat he “thought his claim was already closed” and that he did not object to the dismissal. \nThe respondents appeared on 25 July 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 their \nmotion. And the claimant did not appear at the hearing to resist the dismissal of this claim. \nIndeed, he earlier voiced his agreement with the claim’s dismissal. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \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 \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H106381 DERWIN LEE, EMPLOYEE CLAIMANT DEPT. OF CORRECTION, SELF-INSURED EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED 25 JULY 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Adm...","fetched_at":"2026-05-19T22:52:02.388Z","links":{"html":"/opinions/alj-H106381-2024-07-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/LEE_DERWIN_H106381_20240725.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}