{"id":"alj-H202476-2024-11-19","awcc_number":"H202476","decision_date":"2024-11-19","opinion_type":"alj","claimant_name":"Sonja Woodson","employer_name":"Fedex Ground Package System, Inc","title":"WOODSON VS. FEDEX GROUND PACKAGE SYSTEM, INC. AWCC# H202476 November 19, 2024","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:3"],"injury_keywords":["neck","back","cervical","strain","lumbar"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Woodson_Sonja_H202476_20241119.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Woodson_Sonja_H202476_20241119.pdf","text_length":7286,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H202476 \n \nSONJA WOODSON, \nEMPLOYEE                                                                                                              CLAIMANT \n \nFEDEX GROUND PACKAGE SYSTEM, INC., \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nSEDGWICK CLAIMS MGMT SERVICES, INC., \nTPA                                                                                                                        RESPONDENT \n \n \nOPINION FILED NOVEMBER 19, 2024 \n \nHearing conducted on Tuesday, November 5, 2024, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Ms. Sonja Woodson, Pro Se, of Jonesboro, Arkansas, did not appear in person at \nthe hearing.  \n \nThe Respondents were represented by the Honorable Zach Ryburn, Little Rock, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents.  \nA hearing on the Motion was conducted on November 5, 2024, in Little Rock, Arkansas.  Claimant, \naccording to Commission file is Pro Se, failed to appear at the hearing.  \nThe Claimant worked for the Respondent/Employer as a Senior Operations Assistant. The \ndate  for  Claimant’s  alleged  injury  was  on December 23,  2021.  She  reported  her  injury  to \nRespondent/Employer the same day. Respondents admitted Respondents Exhibit 1, Form AR-C, \nconsisting of 1 page. Also, admitted into evidence was blue-backed Form AR-C filed March 28, \n2022, Form AR-C filed May 13, 2024, Form AR-C filed December 1, 2023, Form AR-1, Form \nAR-2, a copy of certified return receipt dated October 12, 2024, a copy of certified return receipt \n\nWOODSON, AWCC No. H202476 \n \n2 \n \ndated September 18, 2024, Irene Voyles email dated April 12, 2022, and copy of hearing notice, \nas discussed infra. \nThe record reflects on March 28, 2022, a Form AR-C was filed with the Commission, by \nthen-attorney Laura  Beth  York,  purporting  that  Claimant  injured  her head,  neck,  and  back. \nClaimant’s counsel subsequently filed another Form AR-C on December 1, 2023, and another on \nMay  13,  2024,  with  no  notable  difference  from  the  March  28,  2022,  Form  AR-C  filing. \nNevertheless,  on April  11, 2022,  a  Form  AR-1  was  filed  with  the  Commission  purporting  that \nClaimant’s injuries occurred when she slipped on a metal rod and fell hitting her head on the floor. \nOn March 29, 2023, a Form AR-2 was filed by Respondents denying compensability of the injury. \nRespondents, via email dated April 12, 2022, acknowledged acceptance of the claim as medical-\nonly for the head contusion, cervical neck strain, and lumbar strain. The email also asserted that \nthe Claimant had reached maximum medical improvement and has been released from care.  \nThe Claimant, through her then-attorney, filed a change of physician request on May 17, \n2024. No action has been taken towards this request due to Respondents now denying the claim in \nits entirety. On July 26, 2024, Claimant’s counsel filed a Motion to Withdraw as Counsel. The Full \nCommission granted Claimant’s counsel Motion on August 14, 2024.  \nThe Respondents next filed a Motion to Dismiss on August 23, 2024, requesting this claim \nbe  dismissed  for a lack  of  prosecution. The  Claimant  was  sent,  certified  and  regular  U.S.  Mail, \nnotice of the Motion to Dismiss from my office on August 26, 2024, to her last known address. \nThe certified motion notice was unclaimed by Claimant as noted in the September 18, 2024, return \nreceipt. However,  the motion notice that was sent  regular  U.S.  Mail  was  not  returned  to  the \nCommission. Claimant did not respond to the notice in writing as required. Thus, in accordance \nwith  applicable  Arkansas  law,  the  Claimant  was  mailed  due  and  proper  legal  notice  of \n\nWOODSON, AWCC No. H202476 \n \n3 \n \nRespondents’ Motion to Dismiss hearing date at her current address of record via the United States \nPostal  Service  (USPS), First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-\nClass Mail, on September 20, 2024. The certified notice was not claimed according to the October \n12, 2024, return  notice; but  the  regular  First-Class  mail hearing notice  was not returned to  the \nCommission.  The  hearing  took  place  on November 5,  2024.  And  as  mentioned  before,  the \nClaimant did not show up to the hearing. \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole and other matters properly before the Commission, \nI hereby make the following findings of fact and conclusions of law in accordance with Ark. Code \nAnn. § 11-9-704 (Repl. 2012):  \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had  reasonable  notice  of  the November 5, \n2024, hearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an  action \npending before the Commission, requesting that the claim be dismissed for want of \nprosecution, the Commission may, upon reasonable notice to all parties, enter an \norder dismissing the claim for want of prosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \n\nWOODSON, AWCC No. H202476 \n \n4 \n \nConsistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith  reasonable  notice, on  the Respondents’ Motion  to Dismiss. Though  the  certified  hearing \nnotice was unclaimed, that same notice was also sent to the Claimant’s address of record by First-\nClass U.S. Mail on September 20, 2024, and did not return to the Commission. The Claimant is \nresponsible  for  providing  the  Commission  with  her  current  address.  The  Commission  is \nresponsible for providing reasonable notice of a hearing to the Claimant. Sending a hearing notice \nto the last known address that was provided to it by the Claimant is reasonable. Thus, I find by the \npreponderance of the evidence that reasonable notice was given to both parties.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant filed her Form AR-C on March \n28,  2022. Since the filing of Claimant’s Form AR-C  then,  she  has  failed  to  request  a  hearing. \nTherefore, I do find by the preponderance of the evidence that Claimant has failed to prosecute her \nclaim by failing to request a hearing. Thus, Respondents’ Motion to Dismiss should be granted. \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted, and Claimant’s claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H202476 SONJA WOODSON, EMPLOYEE CLAIMANT FEDEX GROUND PACKAGE SYSTEM, INC., SELF-INSURED EMPLOYER RESPONDENT SEDGWICK CLAIMS MGMT SERVICES, INC., TPA RESPONDENT OPINION FILED NOVEMBER 19, 2024 Hearing conducted on Tuesday, November 5, 2024, before the Arkansa...","fetched_at":"2026-05-19T22:46:36.347Z","links":{"html":"/opinions/alj-H202476-2024-11-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Woodson_Sonja_H202476_20241119.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}