{"id":"alj-H109984-2023-02-13","awcc_number":"H109984","decision_date":"2023-02-13","opinion_type":"alj","claimant_name":"Shauna Torrence","employer_name":"Lafayette County School District","title":"TORRENCE VS. LAFAYETTE COUNTY SCHOOL DISTRICT AWCC# H109984 FEBRUARY 13, 2023","outcome":"granted","outcome_keywords":["dismissed:1","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/TORRENCE_SHAUNA_H109984_20230213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TORRENCE_SHAUNA_H109984_20230213.pdf","text_length":5182,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H109984 \n \nSHAUNA D. TORRENCE, \nEMPLOYEE CLAIMANT \n \nLAFAYETTE COUNTY SCHOOL DISTRICT, \nEMPLOYER RESPONDENT \n \nARKANSAS SCHOOL BOARDS ASS’N \nWORKERS’ COMPENSATION TRUST (WCT), \nINSURANCE CARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER FILED FEBRUARY 13, 2024 \nTO DISMISS THE PARTIES’ JOINT AND AGREED MOTION TO DISMISS \nWITHOUT PREJUDICE FILED FEBRUARY 7, 2023 \n \nHearing conducted on Thursday, February 9, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in El Dorado, \nUnion County, Arkansas. \n \nThe claimant was represented by the Honorable Gregory R. Giles, Texarkana, Miller County, \nArkansas. \n \nThe respondents were represented by the Honorable Melissa Wood, Worley, Wood & Parrish, \nP.A., Little Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, February 9, 2023, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2022 \nLexis Replacement) and Commission Rule 099.13 (2022 Lexis Repl.). \n The claimant filed a letter motion to dismiss (MTD) without prejudice filed on or about \nFebruary 7, 2023, requesting this claim be dismissed without prejudice for lack of prosecution. \nThe respondents did not object to this MTD, and in fact joined into the claimant’s motion \n(Respondents’ Exhibit 1 at 7). The claimant’s attorney explained on the record that the claimant \nwas not ready to proceed with her claim at this time; that he had visited with her concerning the \n\nShauna D. Torrence, AWCC No.: H109984 \n \n2 \n \nsubject MTD without prejudice and answered any all questions she may have had; and that the \nclaimant understood and agreed the claim should be dismissed without prejudice at this time. \n The record herein consists of the hearing transcript and any and all exhibits contained \ntherein and attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the parties’ joint \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nparties’ joint MTD should be granted since the claimant, by her own admission, is not ready to \nproceed at this time. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After having received due and legal notice of the claimant’s letter MTD filed on or \n about February 7, 2023, the respondents did not object to the motion, and in fact \n agreed with and joined into it, thus making the motion a joint and agreed MTD \n without prejudice. \n \n 3. Therefore, for all the aforementioned reasons and based on the claimant’s letter \n MTD without prejudice filed with the Commission on or about February 7, 2023, \n to which the respondents did not object but in fact agreed and joined, I find the \n parties’ joint and agreed motion should be and hereby is GRANTED. \n \n 4. Consequently, this claim is dismissed without prejudice to its refiling pursuant to \n the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n Rule 099.13. \n\nShauna D. Torrence, AWCC No.: H109984 \n \n3 \n \n \n This opinion and order shall not be construed to prohibit the claimant, her attorney, any \nattorney she may retain in the future, or anyone acting legally and on her behalf from refiling this \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n The respondents shall pay the court reporter’s invoice within ten (10) days of their receipt \nthereof. \n IT IS SO ORDERED. \n ______________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H109984 SHAUNA D. TORRENCE, EMPLOYEE CLAIMANT LAFAYETTE COUNTY SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASS’N WORKERS’ COMPENSATION TRUST (WCT), INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED FEBRUARY 13, 2024 TO DISMISS THE PAR...","fetched_at":"2026-05-19T23:10:18.336Z","links":{"html":"/opinions/alj-H109984-2023-02-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/TORRENCE_SHAUNA_H109984_20230213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}