{"id":"alj-H204111-2023-08-08","awcc_number":"H204111","decision_date":"2023-08-08","opinion_type":"alj","claimant_name":"Peggy Clemons","employer_name":"South Conway County School District","title":"CLEMONS VS. SOUTH CONWAY COUNTY SCHOOL DISTRICT AWCC# H204111 AUGUST 8, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CLEMONS_PEGGY_H204111_20230808.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CLEMONS_PEGGY_H204111_20230808.pdf","text_length":5987,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H204111 \n \nPEGGY CLEMONS, EMPLOYEE      CLAIMANT \n \nSOUTH CONWAY COUNTY SCHOOL  \nDISTRICT, EMPLOYER            RESPONDENT \n \nARKANSAS SCHOOL BOARDS ASSOCIATION, \nCARRIER / TPA                    RESPONDENT \n \nOPINION FILED AUGUST 8, 2023 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  on  June  27, \n2023, in Little Rock, Pulaski County, Arkansas. \n \nClaimant is pro se and appeared on her own behalf. \n \nRespondents are represented by Ms. Carol Lockard Worley, Attorney-at-Law \nof Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on June 27th, 2023, in Little Rock, \nArkansas,  on  respondents’  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas   Code   Annotated   §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant filed an AR-C on or about June 6, 2022, contending that \nshe had been injured on February 9, 2022, while loading car riders into their cars at the \nend of a school day, slipping on ice, and injuring her “foot, ears loudly ringing, with upper \nand lower back pain.”  The respondents filed an AR-2 dated June 7, 2022, which provided \nthat  the  claim  was  medical only.  The claimant’s retained counsel, Evelyn Brooks, of \nFayetteville  Arkansas,  withdrew  as  the  attorney-of-record  on  August  8,  2022,  after \nobtaining an Order from the Full Commission. \n On or about April 12, 2023, the respondents filed a Motion to Dismiss For Failure \nto  Prosecute,  and  contended  that  the  claimant  had  not  sought  any  type  of bona  fide \n\nCLEMONS – H204111 \n \n2 \n \nhearing before the Arkansas Workers’ Compensation Commission over the last six  (6) \nmonths and that, consequently, the matter should be dismissed for failure to prosecute \npursuant to Rule 099.13 of the Arkansas Workers’ Compensation and also pursuant to \nArk. Code Ann. §11-9-702.  There was no record of the claimant filing a response to the \nMotion to Dismiss and the hearing was set for June 27, 2023. \n On  the  date  of  the  hearing,  the  respondents  were  ably  represented  by  Ms.  Carol \nWorley  who  provided  that  the  claim  had  been  accepted  as  compensable  and that \nappropriate  benefits  were  paid.    The  claimant  appeared pro  se.    The  respondents \nintroduced medical records which provided that the claimant had received an MRI that \nwas  read  as  unremarkable, that Dr. Head released the claimant to return to work in a \nfull-duty  position  on  April  18,  2022,  and  that  claimant  was  released  at  full  capacity  on \nApril 21, 2022.  Dr. Baskin opined that the claimant had reached MMI on May 26, 2022.   \nThe respondents filed a Motion to Dismiss and consequently, a prehearing questionnaire \nand notice was sent to the parties by the Commission.  The questionnaire was answered \nby the respondents, but the claimant failed to respond. \n The  claimant  testified  at  the  hearing  that, “since I fell my thoughts are really \nconfused.” “When I fell, I immediately noticed a lack of genuine care and concern for my \ninjuries.”  “I mean, I was in pain.  I couldn’t tell them, I couldn’t explain anything.  I got \nthat too.  So there was a lack of response that day and no concern whatsoever, but I knew \nthat I had to keep saying it, so every time I went to the doctor, I repeated the same thing \nover and over and over.”  The claimant also provided she had to go to the dentist, that she \nhad COPD, that she trained for a 5K as a gift to herself when she turned fifty (50), and \nthat she may have been diagnosed with a type of cancer and may have an issue with her \nkidneys.  \n\nCLEMONS – H204111 \n \n3 \n \n After claimant’s  testimony  and  after  the  respondents  again  requested  that  the \nmatter be dismissed, the claimant was instructed that the matter would be taken under \nadvisement  for  approximately  thirty  (30)  days  and  that  she  needed  to  find  someone  to \nassist her in pursuing her claim.  \n From a review of the file, it appears that the claimant filed a “Preliminary Notice” \non or about July 11, 2023, which has been blue-backed and attached hereto.  \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondents as well as the claimant’s statements, I find that the Motion to Dismiss will be \nheld in abeyance at this time and that the claimant is ordered to appropriately respond to \nthe Prehearing Questionnaire and any outstanding discovery within twenty (20) days of \nthis  Order.    Further,  the  claimant  shall  take  the  steps  as  required  by  the  Arkansas \nWorkers’ Compensation Act that she deems appropriate to pursue her claim, which may \ninclude obtaining counsel.  Failure to do so may result in a request to renew the Motion \nto Dismiss and will leave no alternative but to take the appropriate action as spelled out \nin the Arkansas Workers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, I have no alternative but to find that \nthe  Motion  to  Dismiss  shall  be  held  in  abeyance  at  this  time  and  that  the  claimant  is \nordered  to  appropriately  respond  to  the  Prehearing   Questionnaire  and  any  other \noutstanding discovery within twenty (20) days of this Order and further to take the steps \nthe claimant deems appropriate to pursue her claim pursuant to the Arkansas Workers \nCompensation Act which may include obtaining counsel.  Failure to do so may result in a \n\nCLEMONS – H204111 \n \n4 \n \nrequest  to  renew  the  Motion  to  Dismiss  and  will  leave  no  alternative  but  for the \nappropriate action to be taken pursuant to the Arkansas Workers’ Compensation Act. \nIT IS SO ORDERED. \n                \n      ____________________________ \n                 JAMES D. KENNEDY \n                 ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H204111 PEGGY CLEMONS, EMPLOYEE CLAIMANT SOUTH CONWAY COUNTY SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION, CARRIER / TPA RESPONDENT OPINION FILED AUGUST 8, 2023 Hearing before Administrative Law Judge James D. Kennedy on June 27, ...","fetched_at":"2026-05-19T23:03:34.050Z","links":{"html":"/opinions/alj-H204111-2023-08-08","pdf":"https://labor.arkansas.gov/wp-content/uploads//CLEMONS_PEGGY_H204111_20230808.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}