{"id":"alj-H203685-2025-06-26","awcc_number":"H203685","decision_date":"2025-06-26","opinion_type":"alj","claimant_name":"Betty Butler","employer_name":"Jacksonville High School","title":"BUTLER VS. JACKSONVILLE HIGH SCHOOL AWCC# H203685 June 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BUTLER_BETTY_H203685_20250626.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BUTLER_BETTY_H203685_20250626.pdf","text_length":11819,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n  \n                                                        CLAIM NO.: H203685 \n \nBETTY BUTLER,   \nEMPLOYEE                                                                                                                CLAIMANT                                                    \n \nJACKSONVILLE HIGH SCHOOL,  \nEMPLOYER                                                                                                            RESPONDENT                                                                                                  \n \nARKANSAS SCHOOL BOARDS ASSOC. WCT,  \nCARRIER/TPA                                                                                                       RESPONDENT  \n \n \n        \n                                                OPINION FILED JUNE 26, 2025    \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n  \nThe Claimant, pro se, failed to appear at the hearing. \n \nRespondents represented  by the  Honorable Melissa Wood, Attorney  at  Law, Little  Rock, \nArkansas. \n \n                                                   STATEMENT OF THE CASE      \n \nThis  matter  comes  before  the  Commission pursuant  to  a motion  to dismiss filed by the \nRespondents.  A hearing on the motion was conducted on June 11, 2025, in Little Rock, Arkansas.  \nPresently the sole issue for determination before the Commission is whether this claim should be \ndismissed due to the Claimant’s failure  to prosecute it  under Ark.  Code  Ann.  §11-9-702 (Repl. \n2012), and/or Arkansas Workers’ Compensation Commission Rule 099.13. \n The record consists of the June 11, 2025, hearing transcript and documentary evidence.   \nIn that regard, Commission’s Exhibit 1 encompassing three (3) actual pages, as it has which has  \nbeen marked accordingly, and Respondents’ Exhibit 1 consisting of seven (7) numbered pages was \nthus, so designated.   \n\nButler – H203685 \n \n \n2 \n \n Reasonable notice of the dismissal hearing was tried on all the parties in the manner  \nestablished by applicable law.   \nNo testimony was taken at the hearing.  \n                        Background \nThe record reflects the following procedural history: \n On December 20, 2022, the Claimant’s attorney of record in this matter filed a Form AR-\nC, with the Commission, alleging that the Claimant sustained an accidental injury, on May 5, 2025, \nwhile working for the respondent-employer.  According to this document, the Claimant allegedly \nsustained compensable injuries while mopping and  missed  stepped  and  fell.   The  Claimant \nallegedly  injured  her  right  elbow,  arm,  hand, left  leg and  back.  On this  form,  the Claimant \nrequested both initial and additional benefits in  the  form  of every  conceivable  benefit allowed \nunder law.    \nThe  Respondents  a  Form  AR-2, with  the  Commission on  May  20,  2022.    At  this  time, \nRespondents accepted this case as a claim for compensable injuries to the Claimant’s right elbow \nand back.   \nSubsequently, on May 17, 2023, the Claimant’s attorney filed a letter with the Commission \na stating that he was withdrawing as counsel of record for the Claimant in this matter.  There has \nbeen no objection to the Claimant’s attorney to withdraw from representing the Claimant in this \ncase.   Therefore, the above request to withdraw from this case is hereby granted.  \nSince the filing of the Form AR-C, the Claimant has failed to prosecute or otherwise pursue \nher claim for workers’ compensation benefits.  Specifically, it has been more than six (6) months \nsince the filing of the Form AR-C; but thus far, the Claimant has made no bona fide request for a \nhearing with respect to her claim.   \n\nButler – H203685 \n \n \n3 \n \nAs a result, on April 14, 2025, the Respondents/the workers’ compensation claims adjuster \nfiled with the Commission a letter-motion to dismiss this claim due to a lack of prosecution of it \nby the Claimant.  The adjuster copied the Claimant on this correspondence, by placing a copy of \nit in the mail with the United States Postal Service.   \nSubsequently, on April 16, 2025, my office wrote to the Claimant and requested a written \nresponse to the motion within twenty (20) days.  Said letter was mailed to the Claimant by both \nfirst-class and certified mail to the address listed by the Claimant with the Commission.   \nPer tracking information received from the Postal Service, on April 22, 2025, the dismissal \nhearing  notice  sent by certified  mail  to  the  Claimant was  delivered to her home  address  listed \nabove and left with an individual.  The signature of the recipient of said letter bears the Claimant’s \nsignature, which is legible.  However, the letter sent by first-class mail, it has not been returned to \nthe Commission.   \nOn May 7, 2025, my office sent a Notice of Hearing to the parties scheduling this matter \nfor a dismissal hearing on June 11, 2025, at the Commission.   Said hearing notice was sent to the \nClaimant by both first-class and certified mail to the same address as before.   \nTracking information received from the United States Postal Service shows that on May 9, \n2025, they delivered the certified mail notice to the Claimant’s home.  Specifically, the signature \nof the recipient section of the proof of delivery shows that this item was delivered directly to the \nClaimant, as it bears her signature.  The notice sent by first-class mail has not been returned to the \nCommission.   Thus,  the above evidence  preponderates  that reasonable notice  of  the dismissal \nhearing was made upon the Claimant as required under law.  \nTherefore, the dismissal hearing was conducted on the Respondents’ motion to dismiss this \nclaim as formerly scheduled.  Despite having received notice of the dismissal hearing, the Claimant \n\nButler – H203685 \n \n \n4 \n \ndid not appear at the hearing.  However, the Respondents appeared at the hearing through their \nlawyer.  The Respondent’s counsel argued, among other things, for dismissal of this claim because \nthe  Claimant  has made  no bona fide  request for  a hearing or taken  any action to prosecute or \notherwise resolve his claim since the filing of the Form AR-C in December 2022.  Specifically, \nthe attorney for Respondents moved for dismissal without prejudice, under the authority of Ark. \nCode Ann. §11-9-702, and/or Commission Rule 099.13.   \n            Adjudication  \nThe statutory  provisions and Arkansas Workers’ Compensation Rule applicable to the \nRespondents’ motion for dismissal of this claim for workers’ compensation benefits are outlined \nbelow:  \nSpecifically, Ark. Code Ann. §11-9-702(a)(4) provides:  \nIf within six (6) months after the filing of a claim for compensation, no bona fide \nrequest for a hearing has been made with respect to the claim, the claim may, upon \nmotion and after hearing, be dismissed without prejudice to the refiling of the claim \nwithin the limitation periods specified in subdivisions (a)(1)-(3) of this section. \n \nAdditionally, Ark. Code Ann. §11-9-702(d) states:  \nIf within six (6) months after the filing of a claim for additional compensation, no \nbona fide request for a hearing has been made with respect to the claim, the claim \nmay, upon motion and after hearing, if necessary, be dismissed without prejudice \nto the refiling of the claim within the limitation period specified in subsection (b) \nof this section. \n \nCommission Rule 099.13 reads:  \n \nThe Commission may, in its discretion, postpone or recess hearings at the instance \nof either party or on its own motion.  No case set for hearing shall be postponed \nexcept by approval of the Commission or Administrative Law Judge. \n \nIn the event neither party appears at the initial hearing, the case may be dismissed \nby  the  Commission  or  Administrative  Law  Judge,  and  such  dismissal  order  will \nbecome  final  unless  an  appeal  is  timely  taken  therefrom  or  a  proper  motion  to \n\nButler – H203685 \n \n \n5 \n \nreopen  is  filed  with  the  Commission  within  thirty  (30)  days  from  receipt  of  the \norder. \n \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.  (Effective March 1, 1982) \n \nThe evidence shows that the Claimant has failed to respond to the written notices of this \nCommission, and she did not appear at the hearing to object to the dismissal motion.  Moreover, \nsince the filing of the Form AR-C, which was done in December 2022, the Claimant has not made \na bona fide request for a hearing with respect to her claim.  Considering all the foregoing, I am \ncompelled  to  conclude  that  the  Claimant  has  abandoned  her claim for workers’ compensation \nbenefits.   \nAccordingly,  based  on my  review  of  the documentary  evidence,  and  all  other  matters \nproperly before the Commission, I find that the Respondents’ motion  to dismiss  this  claim is \nwarranted  under  the  provisions  of Ark.  Code  Ann.  §11-9-702 (a)(4), §11-9-702 (d),  and Rule \n099.13 of this Commission.  Said dismissal is without prejudice, to the refiling of this claim within \nthe limitation period specified by law.   \nThe Claimant’s attorney’s motion to withdraw from representing her in this claim is hereby \ngranted. \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on the record, I hereby make the following findings of fact and conclusions of law \nin accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim. \n \n\nButler – H203685 \n \n \n6 \n \n2. In December  2022,  the  Claimant’s attorney filed  a Form  AR-C with  the \nCommission in   this   matter   asserting   her entitlement to workers’ \ncompensation benefits due to an alleged accidental injury occurring on May \n5, 2022. \n  \n 3.        The attorney for the Claimant is hereby permitted to withdraw from  \n                        representing her in this matter.   \n                         \n 4. Since the filing of the Form AR-C, more than six (6) months have passed,  \n  and the Claimant has not made a bona fide request for a hearing.    \n \n 5. The Respondents filed with the Commission, a motion to dismiss this claim,  \n                        for which a hearing was held. \n \n6.         Reasonable notice of the motion to dismiss and hearing was had on all the \nparties.  \n \n7.         The evidence preponderates that the Respondents’ motion to dismiss this  \n            claim for want of prosecution is warranted.   \n \n8.         That the Respondents’ motion to dismiss is hereby granted pursuant to Ark.  \n Code Ann. §11-9-702 (a)(4), §11-9-702 (d), and Commission Rule 099.13,   \n without prejudice, to the refiling of the claim within the specified limitation      \n period.   \n \nORDER \nIn accordance with the foregoing findings of fact and conclusions of law, the attorney for \nthe Claimant  is  permitted  to  withdraw  from  representing the Claimant  in this  matter; and most \nsignificantly, this claim is hereby dismissed without prejudice, pursuant to Ark. Code Ann. §11-\n9-702 and Commission Rule 099.13 to the refiling within the specified limitation period.        \nIT IS SO ORDERED. \n   \n                                  \n                                                                                     ________________________________ \n                                                                                     CHANDRA L. BLACK  \n                                                    Administrative Law Judge \n \n\nButler – H203685 \n \n \n7","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H203685 BETTY BUTLER, EMPLOYEE CLAIMANT JACKSONVILLE HIGH SCHOOL, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOC. WCT, CARRIER/TPA RESPONDENT OPINION FILED JUNE 26, 2025 Hearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulas...","fetched_at":"2026-05-19T22:40:06.565Z","links":{"html":"/opinions/alj-H203685-2025-06-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BUTLER_BETTY_H203685_20250626.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}