{"id":"alj-H201744-2023-05-17","awcc_number":"H201744","decision_date":"2023-05-17","opinion_type":"alj","claimant_name":"Willie Lewis","employer_name":"Central Maloney, Inc","title":"LEWIS VS. CENTRAL MALONEY, INC. AWCC# H201744 MAY 17, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//LEWIS_WILLIE_H201744_20230517.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LEWIS_WILLIE_H201744_20230517.pdf","text_length":5143,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H201744 \n \nWILLIE LEWIS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nCENTRAL MALONEY, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nRISK MANAGEMENT RESOURCES, \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION FILED MAY 17, 2023 \n \nHearing conducted on Wednesday, May 11, 2023, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ)  Steven  Porch,  in  Pine  Bluff, \nJefferson County, Arkansas. \n \nThe claimant, Mr. Willie Lewis, pro se, of Pine Bluff, Jefferson County, Arkansas, appeared in \nperson at the hearing.  \n \nThe  respondents  were  represented  by  the  Honorable  Jarrod  Parrish,  Worley,  Wood  &  Parrish, \nLittle Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing  was  conducted  on  Thursday,  May  11,  2023,  to  determine  whether  this  claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2022) \n(Lexis Replacement)  and Commission Rule 099.13 (2022 Lexis Repl.). The respondents  filed  a \nmotion to dismiss with the Commission on March 17, 2023, requesting this claim be dismissed for \nlack of prosecution.  \n           In accordance with applicable Arkansas law, the claimant was mailed due and proper legal \nnotice of both the respondents’ motion to dismiss as well as a  copy of the hearing notice at his \ncurrent addresses of record via the United States Postal Service (USPS), First Class Certified Mail,  \nReturn Receipt Requested, which he received on April 17, 2023.  \n\nLEWIS – H201744 \n \n2 \n \n          The claimant stated during the hearing that he had personal situations that prohibited him \nfrom prosecuting his claim. The claimant stated that within the last 10 days of the hearing date that \nhe had to bury his mother. He was not the primary caregiver for his mother. The claimant could \nnot  articulate  any  other  reasons  for  his  delay  in  prosecuting  this  matter.  The  claimant  wants  to \ncontinue  with  this  case  and  has  stated  that  several  times  throughout  the  hearing.  The  claimant \ndesires to hire an attorney. The Commission recognizes that Claimant did retain Laura Beth York, \nattorney-at-law, who subsequently withdrew as his counsel of record on October 21, 2022.  \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 by reference. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard 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. I do \nfind by the preponderance of the evidence, introduced at the hearing and contained in the record, \nthat Claimant has neither requested a hearing nor has he taken any action to pursue his claim as of \nthe hearing date. However, I do find that Claimant has shown by bringing his treating physician to \nthe Motion to Dismiss hearing a sincere desire to prosecute this claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction over this claim. \n \n 2. The ALJ hereby denies Respondents’ Motion to Dismiss.       \n \n      3.         The parties have 45 days from the hearing date, or until Tuesday, June 27, \n                  2023, to obtain any and all additional information they require and to attempt to  \n\nLEWIS – H201744 \n \n3 \n \n                  resolve any and all outstanding issues, if any remain. This timeline will not change  \n                  absent good cause. \n \n      4.        If, within seven (7) days after the expiration of this 45-day time-period the claimant \n                 does not request, in writing (with a copy to the respondents’ attorney, of course), a \n                 hearing before the Commission, the Commission will entertain the filing of a second  \n                 Motion to Dismiss by Respondents. \n \n     If Respondents have not already done so, they shall pay the court reporter’s invoice within \n \ntwenty (20) days of the filing of this opinion and order. The questionnaires shall be sent out and \nreturned to the Commission consistent with law and this opinion.  \n \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               STEVEN PORCH \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H201744 WILLIE LEWIS, EMPLOYEE CLAIMANT CENTRAL MALONEY, INC., EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED MAY 17, 2023 Hearing conducted on Wednesday, May 11, 2023, before the Arkansas Workers’ Compensation...","fetched_at":"2026-05-19T23:07:41.025Z","links":{"html":"/opinions/alj-H201744-2023-05-17","pdf":"https://labor.arkansas.gov/wp-content/uploads//LEWIS_WILLIE_H201744_20230517.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}