{"id":"alj-H202322-2023-11-20","awcc_number":"H202322","decision_date":"2023-11-20","opinion_type":"alj","claimant_name":"Jowendean Blackwell","employer_name":"L & R Distributors","title":"BLACKWELL VS. L & R DISTRIBUTORS AWCC# H202322 NOVEMBER 20, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BLACKWELL_JOWENDEAN_H202322_20231120.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BLACKWELL_JOWENDEAN_H202322_20231120.pdf","text_length":4089,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H202322 \n \nJOWENDEAN M. BLACKWELL, EMPLOYEE     CLAIMANT \n \nL & R DISTRIBUTORS, EMPLOYER           RESPONDENT \n \nFIRST LIBERTY INSURANCE CORP./ \nLIBERTY MUTUAL GROUP, CARRIER/TPA          RESPONDENT \n \n \nOPINION FILED 20 NOVEMBER 2023 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 15 November 2023, Little Rock, Arkansas. \n \nMs. Jowendean M. Blackwell appeared pro se. \n \nMr.  Zachary  M. Ryburn,  Attorney-at-Law  of  Little  Rock,  Arkansas, appeared for  the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 15 November 2023.  The Commission’s file was incorporated by reference \nat the hearing.  \nThis case relates to a workplace injury from 18 January 2022.  A First Report of Injury \nwas filed with the Commission on 21 March 2022, listing an injury to the claimant’s hand.  A \nForm AR-C was later filed on 20 May 2022, claiming that the employee sustained a gradual \nonset injury to her right hand and thumb.  In an email sent to the Commission that same \nday, claimant’s counsel, Mr. Mark Alan Peoples, asserted that the date provided on the Form \nAR-C was an approximate date for the gradual onset injury and that a precise date of onset \nwas uncertain. \n The parties proceeded in litigating this claim, and a prehearing telephone conference \nwas conducted on 6 December 2023.  A Prehearing Order was subsequently issued with a \n\nBLACKWELL- H202322 \n2 \n \nhearing date set for 9 February 2023.  By way of a 30 January 2023 email from counsel, the \nclaimant sought to withdraw her request for a hearing.  That request was granted and the \nmatter was returned to the Clerk’s Office. \n A Joint Petition was later proposed and set for consideration on 5 April 2023.  The \nCommission received a request to remove the hearing from the docket and confirmed the \nsame action via letter on 13 March 2023.  On 26 May 2023 the respondents filed a Motion to \nDismiss under Arkansas  Code  Annotated § 11-9-702  and/or Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act for the claimant’s failure to prosecute this claim. Another Joint \nPetition  was submitted but  then  pulled  back  from  the  docket.  Mr.  Peoples  requested  to \nwithdraw his representation, and that request was granted in a 13 September 2023 Order \nfrom the Full Commission. \n The  respondents  renewed  their Motion  to Dismiss  on  15  September  2023,  and  the \nmatter  was  set  for  a  hearing  on 15  November  2023.  The  claimant  appeared  to  resist  the \nmotion to dismiss, urged that the case be allowed to proceed, and requested a full hearing on \nher claim.  She stated that she spoke with the Legal Advisors Division about opposing the \nmotion and decided to appear in person for that purpose rather than risk some defect in a \nfiling  to  that  end.  The  current  procedural  posture,  relevant  rules  and  procedures,  and \npossible next  steps  were  discussed  with  the  parties  from  the  bench.  The  claimant  was \nreminded  of  her  right  to  counsel  and  the  availability  of  the  Legal  Advisors  Division  as  a \npotential  resource  should  she  continue  proceeding pro  se.  I  advised  the  claimant  that  the \nMotion would be held in abeyance pending efforts by the parties to move towards a hearing.  \nAround the  time  relevant  to  the  rules  applying  to  a Motion  to Dismiss  an  action, \nattempts were made to bring this claim to resolution through a Joint Petition. Based on the \nrecord, the available evidence, and the arguments and discussion presented at the hearing, I \n\nBLACKWELL- H202322 \n3 \n \nfind that the respondents’ Motion to Dismiss should held in abeyance pending the claimant’s \npursuit of prosecuting her claim.   \nORDER \n A ruling on the respondents’ Motion is hereby held in abeyance pending further action \non the claim. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H202322 JOWENDEAN M. BLACKWELL, EMPLOYEE CLAIMANT L & R DISTRIBUTORS, EMPLOYER RESPONDENT FIRST LIBERTY INSURANCE CORP./ LIBERTY MUTUAL GROUP, CARRIER/TPA RESPONDENT OPINION FILED 20 NOVEMBER 2023 Heard before Arkansas Workers’ Compensation Commission (A...","fetched_at":"2026-05-19T23:00:38.170Z","links":{"html":"/opinions/alj-H202322-2023-11-20","pdf":"https://labor.arkansas.gov/wp-content/uploads//BLACKWELL_JOWENDEAN_H202322_20231120.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}