{"id":"alj-H201787-2023-01-19","awcc_number":"H201787","decision_date":"2023-01-19","opinion_type":"alj","claimant_name":"Billy Bennett","employer_name":"Tyson Poultry, Inc","title":"BENNETT VS. TYSON POULTRY, INC. AWCC# H201787 AMENDED JANUARY 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_BILLY_H201787_20230119.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BENNETT_BILLY_H201787_20230119.pdf","text_length":4873,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H201787 \n \nBILLY B. BENNETT,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nTYSON POULTRY, INC., \nEMPLOYER                                                                                                         RESPONDENT \n \nTYSON POULTRY, INC./ \nTYNET CORPORATION, \nCARRIER/TPA                                                                                             RESPONDENT \n                                                                                                                     \nAMENDED OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED JANUARY 19, 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 \nA  hearing  was  conducted  on  Wednesday,  January  11,  2023,  to  determine  whether  this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2019 Lexis Replacement) and Commission Rule 099.13 (2022 Lexis Replacement). \nThe respondents filed a motion to dismiss with the Commission on November 14, 2022, \nrequesting  this  claim  be  dismissed  for  lack  of  prosecution.  Pursuant  to  the  applicable  law,  the \nclaimant was mailed a copy of the respondents’ motion to dismiss and the subject hearing notice \nin  advance  of  the  hearing  which  he  received  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. H201787 \n \n2 \n \nThe  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 \nConsistent 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. \nTherefore, 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 \n1. The Commission has jurisdiction of this claim. \n \n2. After  having  been  mailed due and legal notice of both the respondents’ \nmotion  and  the  subject  hearing  notice,  the  claimant  failed  and/or  refused  to \nrespond to the motion in any way and failed and/or refused to appear at the subject \nhearing.  Therefore,  the  claimant  has  waived  his  right  to  a  hearing  on  the \nrespondents’ motion to dismiss without prejudice. \n \n3. The claimant has to date failed and/or refused to either request a hearing \nwithin the last six (6) months, and he has failed and/or refused to take any \naction(s) to prosecute his claim. \n \n4. Therefore, the respondents’ motion to dismiss without prejudice filed on \nNovember 14, 2022, is GRANTED; and this claim hereby is dismissed without \nprejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. § \n11-9-702(a) and (b), and Commission Rule 099.13. \n \nThis  Order  shall  not  be  construed  to  prohibit  the  claimant,  his  attorney,  any  attorney  he \nmay retain 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. H201787 \n \n3 \n \nThe 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 \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H201787 BILLY B. BENNETT, EMPLOYEE CLAIMANT TYSON POULTRY, INC., EMPLOYER RESPONDENT TYSON POULTRY, INC./ TYNET CORPORATION, CARRIER/TPA RESPONDENT AMENDED OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED JANUARY 19, 2023 Hearing conducted on Wednesday,...","fetched_at":"2026-05-19T23:11:35.878Z","links":{"html":"/opinions/alj-H201787-2023-01-19","pdf":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_BILLY_H201787_20230119.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}