{"id":"alj-H201287-2022-01-12","awcc_number":"H201287","decision_date":"2022-01-12","opinion_type":"alj","claimant_name":"Billy Bennett","employer_name":"Tyson Poultry, Inc","title":"BENNETT VS. TYSON POULTRY, INC. AWCC# H201287 JANUARY 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_BILLY_H201787_20220112.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BENNETT_BILLY_H201787_20220112.pdf","text_length":4666,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H201287 \n \nBILLY B. BENNETT,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nTYSON POULTRY, INC., \nSELF-INSURED EMPLOYER                                                                           RESPONDENT \n \nTYNET CORPORATION, INC. \nTPA                                                                                                                        RESPONDENT \n \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED JANUARY 12, 2023 \n \nHearing conducted on Wednesday, January 11,2023, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Mr. Billy B. Bennett, pro se, of Nashville, Howard County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Lauren Scroggins, Roberts Law Firm, Little \nRock, Pulaski County, Arkansas.  \n \nSTATEMENT OF THE CASE \n \n     A hearing was conducted on Tuesday, July 7, 2020, to determine whether this claim should be \ndismissed  for  lack  of  prosecution  pursuant  to Ark.  Code  Ann.  §  11-9-702(a)(4)  (2019  Lexis \nReplacement) and Commission Rule 099.13 (2019 Lexis Replacement). \n     The  respondents  filed  a  motion  to  dismiss  with  the  Commission  on  November  14,  2022, \nrequesting this claim be  dismissed for lack of prosecution. The claimant  received  a copy of the \nrespondents’  motion  to  dismiss  and the  subject  hearing  notice  in  advance  of  the  hearing  in \naccordance  with  applicable  Arkansas  law  on  November  21,  2022.  (Commission  Exhibit  1). \nThereafter, the claimant failed and/or refused to either respond to the respondents’ motion in any \nway, or to appear at the subject hearing.  \n\nBilly B. Bennett, AWCC No. H201287 \n \n2 \n \n     The record herein consists of the hearing transcript and any and all exhibits contained therein \nand 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),  as  well  as  our  court  of  appeals’  ruling  in \nDillard  vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the  preponderance  of  the  evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute his claim 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 \n1. The Commission has jurisdiction of this claim. \n \n2. After having received due and legal notice of both the respondents’ motion and the subject \nhearing notice, the claimant failed and/or refused to respond to the motion in any way, and \nfailed and/or refused to appear at the subject hearing. Therefore, the claimant has waived \nhis right to a hearing on the respondents’ motion to dismiss without prejudice. \n \n3. The claimant has to date failed and/or refused to prosecute his claim at this time. \n \n4. Therefore, the respondents’ motion to  dismiss  without  prejudice  filed  on  November  14, \n2022, is GRANTED; and this claim hereby is dismissed without prejudice to its refiling \npursuant  to  the  deadlines  prescribed  by Ark.  Code  Ann.  §  11-9-702(a)  and  (b),  and \nCommission Rule 099.13. \n \n     This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf, from refiling the claim if it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n\nBilly B. Bennett, AWCC No. H201287 \n \n3 \n \n     The respondents hereby are ordered to pay the court reporter’s invoice within twenty (20) \ndays of its receipt thereof. \n     IT IS SO ORDERED. \n                                                                     \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 \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H201287 BILLY B. BENNETT, EMPLOYEE CLAIMANT TYSON POULTRY, INC., SELF-INSURED EMPLOYER RESPONDENT TYNET CORPORATION, INC. TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED JANUARY 12, 2023 Hearing conducted on Wednesday, January 11,2023, b...","fetched_at":"2026-05-19T23:11:19.168Z","links":{"html":"/opinions/alj-H201287-2022-01-12","pdf":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_BILLY_H201787_20220112.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}