{"id":"alj-H203138-2023-08-09","awcc_number":"H203138","decision_date":"2023-08-09","opinion_type":"alj","claimant_name":"Joyce Bailey-Williams","employer_name":"Tyson Poultry, Inc","title":"BAILEY-WILLIAMS VS. TYSON POULTRY, INC. AWCC# H203138 AUGUST 9, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BAILEY-WILLIAMS_JOYCE_H203138_20230809.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BAILEY-WILLIAMS_JOYCE_H203138_20230809.pdf","text_length":2035,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H203138 \n \nJOYCE BAILEY-WILLIAMS, EMPLOYEE      CLAIMANT \n \nTYSON POULTRY, INC. EMPLOYER                RESPONDENT  \n \nTYSON POULTRY/TYNET CORP., CARRIER/TPA                    RESPONDENTS \n \n \nOPINION FILED 9 AUGUST 2023 \n \nHearing  before  Administrative  Law  Judge JayO.  Howe in Little  Rock,  Pulaski \nCounty, Arkansas, on 9 August 2023. \n \nMr.  Kenneth  A.  Olsen,  Attorney-at-Law,  of  Bryant represents  the  claimant,  who \nwaived appearance. \n \nMr. J. Matthew Mauldin, Attorney-at-Law, of Little Rock, appeared on behalf of the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on 9  August 2023, in Little  Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated § 11-9-702 and/or Rule 099.13 of the Arkansas Workers’ Compensation Act.  \nThe claim involves an alleged workplace injury occurring on or about December 14, 2021. An \nemployer/employee relationship existed at the time. A First Report of Injury was filed on 25 \nApril 2022. A Form AR-C was filed on 15 September 2022. \n The respondents filed their first Motion to Dismiss for want of prosecution on 10 July \n2023. Upon receipt of the Motion, the claimant’s counsel advised that she did not object to \nthe  dismissal,  as  no  issues  were  ripe  for  adjudication.  The  claimant  also  waived  her \nappearance at the hearing. \n Based on the record, the arguments from the respondents’ counsel, and the evidence \naccepted  on  the  record  at  the  hearing,  I  am  compelled to  find  that the  Motion  to  Dismiss \n\nBailey-Williams—H203138 \n2 \n \nshould be granted due to the claimant’s lack of prosecution and that the matter should  be \ndismissed without prejudice.  \nORDER \n Pursuant to the above, the Motion to Dismiss is granted and this matter is dismissed \nwithout prejudice.   \nSO ORDERED. \n \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H203138 JOYCE BAILEY-WILLIAMS, EMPLOYEE CLAIMANT TYSON POULTRY, INC. EMPLOYER RESPONDENT TYSON POULTRY/TYNET CORP., CARRIER/TPA RESPONDENTS OPINION FILED 9 AUGUST 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, Arkans...","fetched_at":"2026-05-19T23:03:42.335Z","links":{"html":"/opinions/alj-H203138-2023-08-09","pdf":"https://labor.arkansas.gov/wp-content/uploads//BAILEY-WILLIAMS_JOYCE_H203138_20230809.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}