{"id":"alj-H108811-2025-08-07","awcc_number":"H108811","decision_date":"2025-08-07","opinion_type":"alj","claimant_name":"Julie Revels","employer_name":"Magnet Cove Elementary School","title":"REVELS VS. MAGNET COVE ELEMENTARY SCHOOL AWCC# H108811 August 07, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/REVELS_JULIE_H108811_20250807.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"REVELS_JULIE_H108811_20250807.pdf","text_length":5797,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H108811 \n \n \nJULIE REVELS, \nEMPLOYEE CLAIMANT \n \nMAGNET COVE ELEMENTARY SCHOOL, \nEMPLOYER RESPONDENT \n \nARKANSAS SCHOOL BDS. ASS’N \nWORKERS’ COMPENSATION TRUST/ \nARK. SCHOOL BDS. ASS’N \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION FILED AUGUST 7, 2025, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Wednesday, August 6, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant is represented by the Honorable Gary Davis, Davis Law Firm, Little Rock, Pulaski \nCounty, Arkansas, who waived appearance at the hearing. \n \nThe respondents were represented by the Honorable Melissa Wood, Worley, Wood & Parrish, \nP.A., Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, August 5, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and Commission Rule 099.13 (2025 Lexis Replacement). This case has been the \nsubject of a prior hearing and appeal to the Full Commission. In an opinion filed July 16, 2024, \nthe ALJ ruled in the claimant’s favor on the sole issue of her entitlement to an 11% permanent \n\nJulie Revels, AWCC No. H108811 \n2 \n \nanatomical impairment rating for her admittedly compensable right shoulder injury. The Full \nCommission affirmed the ALJ’s opinion in its own opinion filed December 16, 2024. \n The claimant herein has been and remains represented by counsel, Mr. Gary Davis, of the \nGary Davis Law Firm in Little Rock. The respondents filed a motion to dismiss this claim without \nprejudice for lack of prosecution (MTD) on June 18, 2025. (Respondents’ Exhibit 1 at 4-5). Both \nthe claimant and her attorney of record were provided due and legal notice of both the respondents’ \nMTD as well as the date, time, and place of the subject hearing. (Commission Exhibit 1). In an \nemail to the Commission dated June 24, 2025, the claimant’s attorney’s office advised the ALJ the \nclaimant had no objection to the respondents’ MTD without prejudice. (Commission Exhibit 2; \nRX1 at 6). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the \nrespondents’ MTD. Rather than recite a detailed analysis of the record, suffice it to say the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has failed and/or refused to either actively prosecute her claim or to request a \nhearing in the last six (6) months. And, significantly, she has advised the Commission through her \nattorney that she does not oppose the respondents’ MTD without prejudice filed June 18, 2025. \n\nJulie Revels, AWCC No. H108811 \n3 \n \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, 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 received due and legal notice of both the respondents’ MTD without prejudice \nfiled with the Commission on June 14, 2025, as well as due and legal notice of the date, \ntime, and place of the subject hearing, the claimant advised the Commission in writing \nthrough her attorney’s office that she does not oppose the subject MTD. \n \n3. The claimant has not requested a hearing within the last six (6) months, and has taken no \nsteps to raise or prosecute any further issues in this claim. \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD \nwithout prejudice filed June 18, 2025, should be and hereby is GRANTED; and this claim \nis dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. \nCode Ann. Section 11-9-702(a) and (b) and Commission Rule 099.13. \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 Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nJulie Revels, AWCC No. H108811 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H108811 JULIE REVELS, EMPLOYEE CLAIMANT MAGNET COVE ELEMENTARY SCHOOL, EMPLOYER RESPONDENT ARKANSAS SCHOOL BDS. ASS’N WORKERS’ COMPENSATION TRUST/ ARK. SCHOOL BDS. ASS’N CARRIER/TPA RESPONDENT OPINION FILED AUGUST 7, 2025,","fetched_at":"2026-05-19T22:37:08.238Z","links":{"html":"/opinions/alj-H108811-2025-08-07","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/REVELS_JULIE_H108811_20250807.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}