{"id":"alj-H107092-2023-09-28","awcc_number":"H107092","decision_date":"2023-09-28","opinion_type":"alj","claimant_name":"Rebecca Dorris","employer_name":"Lake Hamilton Middle School","title":"DORRIS VS. LAKE HAMILTON MIDDLE SCHOOL AWCC# H107092 SEPTEMBER 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/DORRIS_REBECCA_H107092_20230928.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DORRIS_REBECCA_H107092_20230928.pdf","text_length":7655,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \nCLAIM NO. H107092 \nREBECCA A. DORRIS, EMPLOYEE          CLAIMANT \nLAKE HAMILTON MIDDLE SCHOOL, \nEMPLOYER \n \nRESPONDENT \nAR SCHOOL BOARDS ASSOC, INC., \nTHIRD PARTY ADMINISTRATOR \n \n \n    RESPONDENT \n  \nOPINION FILED SEPTEMBER 28, 2023 \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \nClaimant, pro se, not appearing. \nRespondents represented by Honorable Carol Lockard Worley, Attorney at Law, Little Rock, \nArkansas. \n Statement of the Case            \n  A hearing was held on September 20, 2023, in the present matter pursuant to Dillard v. \nBenton County Sheriff’s Office, 87 Ark. App. 379, 192 SW. 3d 287 (2004), for a determination \nof whether the above-referenced case should be dismissed for failure to prosecute under the \nprovisions of Ark. Code Ann, S 11-9-702 (Repl. 2012) and Arkansas Workers' Compensation \nCommission Rule 099.13. \n  Appropriate Notice of this hearing was provided to all parties to their last known address, \nin the manner prescribed by law. \n  The record consists of the transcript of the September 20, 2023, hearing and the documents \nheld therein. The Respondents introduced one exhibit, a Respondents' Hearing Exhibit, consisting \nof nine numbered pages, which has been marked as Respondents' Exhibit l. Additionally, the \n\nDorris - H107902 \n2 \nentire Commission's file has been made a part of the record. It is hereby incorporated into the \nhearing transcript by reference. \nProcedural History \nOn September 28, 2021, the Claimant filed with the Commission a claim for Arkansas \nworkers' compensation benefits by way of a Form AR-C. The Claimant alleged that she sustained \na compensable injury to her knee in April 2019 while working for the respondent-employer. The \nClaimant asked for both initial and additional workers' compensation benefits in the form of \nmedical expenses and additional medical expenses. \nThe claims adjuster filed a Form AR-2 with the Commission on September 28, 2021, \naccepting this as a compensable medical only claim. \nOn  that  same  day,  the  Claimant  wrote  to  the  Commission  requesting  a  change  of \nphysician from Dr. Christopher Young to Dr. Micheal Hubbard. A Change of Physician Order \nwas entered by the Commission's Medical Cost Containment Administrator on October 7, 2021. \nSubsequently, there was no action taken by the Claimant to resolve her claim, and nor \ndid she request a hearing. \nTherefore, the Respondents filed a Motion to Dismiss with the Commission on July 5, \n2023. The Respondents' pleading included a certificate of service to the Claimant affirming that \nthey sent a copy of the above motion to the Claimant via certified mail through the United States \nPostal Service. \nThe Commission sent a letter-notice on July 7, 2023, to the Claimant by mailing it to her \nlast known address via first-class and certified mail. Per this correspondence, the Commission \ngave the Claimant a deadline of twenty days to file a written response to the Respondents' \nmotion. \n\nDorris - H107902 \n3 \nOn July 10, 2023, the above letter was delivered to the Claimant. The return receipt bears \nthe Claimant's signature, which included only her last name. \n         Yet, there has been no response from the Claimant. \nTherefore, pursuant to a Notice of Hearing dated August 14, 2023, the Commission \nnotified the parties that a hearing was scheduled to address the Respondents' Motion to Dismiss. \nThe notice was sent to the Claimant via first-class and certified mail to the same address as \nbefore. Said hearing was scheduled for September 20, 2023, at the Commission in Little Rock. \nThe hearing notice that the Commission sent to the Claimant via first-class mail has not \nbeen returned to the Commission. In this instance, the certified Notice of Hearing letter was \nclaimed by the Claimant on August 16, 2023; and as before the first-class notice was not returned \nto the Commission. The evidence preponderate that the Claimant received notice of the hearing. \nStill, there has been no response from the Claimant. \nSubsequently, a hearing was in fact conducted on the Respondents' motion for dismissal \nas scheduled. Yet, the Claimant did not attend the dismissal hearing despite having received \nproper notice of the hearing. However, the Respondents appeared through their attorney. \nCounsel noted that it has been more than six months since the filing of the claim, and a \nhearing has not been• requested by the Claimant. The Respondents' attorney also noted that the \nClaimant has not made any effort to move forward with this claim. Therefore, counsel moved \nthat  this  claim  be  dismissed  under  Ark.  Code  Ann.  511-9-702  or  Arkansas  Workers' \nCompensation Commission Rule 099.13, due to a lack of prosecution of the case by the Claimant. \nDiscussion \nThe record before me proves that the Claimant has failed to promptly prosecute her claim \nfor workers' compensation benefits. The Claimant has not requested a hearing since the filing of \n\nDorris - H107902 \n4 \nthe Form AR-C in September 2021. More importantly, the Claimant did not appear at the hearing \nto object to her claim being dismissed. \nHence, the evidence proves that the Claimant has failed to request a hearing on her claim. \nUnder these circumstances, I am compelled to find that the evidence preponderates that the \nClaimant has failed to prosecute her claim for workers' compensation benefits in the proper \nmanner set forth under the law. Of note, I am persuaded that the evidence before me proves that \nthe Claimant has abandoned her claim for workers' compensation benefits. \nTherefore, per Ark. Code Ann. 51 1-9-702 and Rule 099.13 of this Commission, I find \nthat this claim should be and is hereby respectfully dismissed, without prejudice to the refiling \nof it within the limitation period specified by law. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn the basis of the record as a whole, I hereby make the following findings of fact and \nconclusions of law in accordance with Ark. Code Ann. 511-9-704 (Repl. 2012): \n    1. The Arkansas Workers' Compensation Commission has jurisdiction of this \n    claim. \n \n2. The Respondents filed with the Commission, a motion for dismissal of \n   this claim due to a lack of prosecution, for which a hearing was held. \n \n 3.  The Claimant has not requested a hearing since the filing of her Form \n   ARC, which was done in in September 2021. Hence, the evidence  \n   preponderates that the Claimant has failed to timely prosecute her claim. \n 4. Appropriate Notice of the dismissal hearing was had on all parties to their \n   last known address, in the manner prescribed by law.  \n 5. The Respondents' Motion to Dismiss this claim for a lack of prosecution \n   is hereby granted, without prejudice, per Arkansas Code Ann. 51 1-9-702 \n   and Commission Rule 099.13, to the refiling of it within the limitation \n   period specified by law. \n\nDorris - H107902 \n \n5 \nORDER  \nFollowing the findings of fact and conclusions of law set forth above, this claim is \nhereby dismissed per Ark. Code Ann. 511-9-702 and Rule 099.13, without prejudice, to the \nrefiling of it, within the limitation period specified by law. \nIT IS SO ORDERED: \n \n                                                                                                                                      \n                                                          ____________________________________ \n                                                              CHANDRA L. BLACK \n                                                              ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H107092 REBECCA A. DORRIS, EMPLOYEE CLAIMANT LAKE HAMILTON MIDDLE SCHOOL, EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED SEPTEMBER 28, 2023 Hearing held before Administrative Law Judge Chandra L. Black, ...","fetched_at":"2026-05-19T23:03:13.078Z","links":{"html":"/opinions/alj-H107092-2023-09-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/DORRIS_REBECCA_H107092_20230928.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}