{"id":"alj-H106432-2023-04-26","awcc_number":"H106432","decision_date":"2023-04-26","opinion_type":"alj","claimant_name":"Tashala Wright","employer_name":"Tyson Foods, Inc","title":"WRIGHT VS. TYSON FOODS, INC. AWCC# H106432 APRIL 26, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WRIGHT_TASHALA_H106432_20230426.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WRIGHT_TASHALA_H106432_20230426.pdf","text_length":2966,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H106432 \n \nTASHALA WRIGHT, EMPLOYEE       CLAIMANT \n \nTYSON FOODS, INC. EMPLOYER                RESPONDENT  \n \nTYSON FOODS/TYNET CORP., CARRIER/TPA                    RESPONDENTS \n \nOPINION FILED 26 APRIL 2023 \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on 26 April 2023. \n \nTashala Wright, pro se, failed to appear. \n \nMs.  Lauren  Scroggins,  Attorney-at-Law,  of  Little  Rock,  Arkansas,  appeared  on \nbehalf of the respondents. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  26  April 2023,  in  Little  Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated § 11-9-702 and/or Rule 099.13 of the Arkansas Workers’ Compensation Act.  \nThe  claim  involves  an  alleged  workplace  injury  occurring  on  or  about  May  12,  2021.  An \nemployer/employee relationship existed at the time. A First Report of Injury was filed on 20 \nAugust 2021. \n The  respondents  filed  their  first  Motion  to  Dismiss  for  Want  of  prosecution  on  4 \nOctober  2022.  That  motion  was  set  for  a  hearing  in  Pine  Bluff,  Arkansas,  on  8  December \n2022.  The claimant appeared to resist the motion, and the respondents withdrew that motion \nbased on the understanding that she would cooperate with the respondents’ efforts to manage \nher  claim.  The  transcript  from  that  hearing  reflects  that  Chief  ALJ  Fine  stressed  to  the \nclaimant the importance of cooperating with the respondents’ efforts to navigate her claim. \nShe was given notice of the availability of the Commission’s Legal Advisors Division and it \n\nWright- H106432 \n2 \n \nwas made clear that she had the right to seek counsel to assist in the prosecution of her claim. \nThe claimant expressed understanding of all of the above. \nSince that time, the claimant has refused to cooperate with the respondents’ counsel, \ndeclined  to  participate  in  discovery,  and  has  now  failed  to  appear  before  the  Commission. \nAdditionally,  she  failed  to  comply  with  an  Order  compelling  discovery  issued  by  the \nCommission on 2 February 2023. The motion at bar, again for want of prosecution, was filed \non 21 February 2023 and sent to the claimant at the address provided by her. No response \nwas tendered to the respondents’ counsel or the Commission. \n Based on the record, testimony, and evidence, I am compelled to find that the Motion \nto Dismiss should be granted due to the claimant’s lack of prosecution and the matter should \nbe dismissed without prejudice.  \nORDER \n \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice at this time.   \nSO ORDERED. \n \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H106432 TASHALA WRIGHT, EMPLOYEE CLAIMANT TYSON FOODS, INC. EMPLOYER RESPONDENT TYSON FOODS/TYNET CORP., CARRIER/TPA RESPONDENTS OPINION FILED 26 APRIL 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, Arkansas, on 26 A...","fetched_at":"2026-05-19T23:08:52.048Z","links":{"html":"/opinions/alj-H106432-2023-04-26","pdf":"https://labor.arkansas.gov/wp-content/uploads/WRIGHT_TASHALA_H106432_20230426.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}