{"id":"alj-H204111-2025-01-21","awcc_number":"H204111","decision_date":"2025-01-21","opinion_type":"alj","claimant_name":"Peggy Clemons","employer_name":"South County School District","title":"CLEMONS VS. SOUTH COUNTY SCHOOL DISTRICT AWCC# H204111 January 21, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CLEMONS_PEGGY_H204111_20250121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CLEMONS_PEGGY_H204111_20250121.pdf","text_length":5615,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H204111 \n \nPEGGY CLEMONS, EMPLOYEE      CLAIMANT \n \nSOUTH COUNTY SCHOOL DISTRICT’ \nEMPLOYER          RESPONDENT \n \nARKANSAS SCHOOL BOARDS ASSOC     RESPONDENT \n \nOPINION AND ORDER FILED JANUARY 21, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas was held on December 3, 2024.    \nClaimant is pro se and appeared on her own behalf at the time of the hearing. \nRespondents are represented by Carol Worley, Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n The Respondents  filed  their  initial  Motion to  Dismiss  for  Failure  to  Prosecute \npursuant  to  Arkansas  Code  Ann  11-9-702  and  Rule  099.13  of  the  Arkansas Workers’ \nCompensation  Act on  or  about  April  12,  2023, and  a  hearing  was  held  in  regard  to  this \nmotion on June 27th, 2023, in Little  Rock,  Arkansas, where  the  respondents  contended \nthat  the  claimant  had  not  sought  any  type  of  bona  fide  hearing  before  the  Arkansas \nWorkers’ Compensation Commission over the last six months. There was no record of the \nclaimant filing a response to the Motion to Dismiss but the claimant did appear Pro Se at \nthe time of the hearing.  \n   The claimant had filed an AR – C on or about June 6, 2022, contending she had \nbeen injured on February 9, 2022, while loading car riders into their cars at the end of a \nschool day, slipping on ice, and injuring her “foot, ears loudly ringing, with upper and lower \nback pain.” The respondents filed an AR-2 dated June 7, 2022, which provided that the \nclaim was medical only. The claimant’s retained counsel, Evelyn Brooks, of Fayetteville \n\nPeggy Clemons – H204111 \nArkansas, withdrew as the attorney of record on August 8, 2022, after obtaining an Order \nfrom the Full Commission. \n After a hearing, the Motion to Dismiss was held in abeyance and the claimant was \ninstructed to appropriately respond to the Prehearing Questionnaire and any outstanding \ndiscovery within 20 days of the Order. Further, the claimant was instructed to take the steps \nas required by the Arkansas Workers’ Compensation Act that she deemed appropriate to \npursue her claim, which might include obtaining counsel. Failure to do so could result in a \nrequest  to  renew  the  Motion  to  Dismiss  and  would leave  no  alternative  but  to  take  the \nappropriate action as spelled out in the Arkansas Workers’ Compensation Act. \n Another Opinion and Order was filed on September 13, 2023, after the claimant filed \na number of documents, which appeared to be evidence of her claims. These documents \nwere  submitted  with  comments  and  highlights  in  violation  of  Commission  Rules  on \nadmissibility and  the  claimant was  placed  on  notice  that  the  failure  to  submit  these \ndocuments without comments and highlights would render these documents inadmissible \nat the time of a hearing. Additionally, the claimant had withdrawn her authorization for the \nrespondents to obtain her medical records, as required by the rules of the Commission. It \nalso appeared that the claimant had been unable or unwilling to obtain representation in \nthis matter in order to assist her in pursuing her claim. The Opinion and Order instructed \nthe claimant to submit a medical authorization not limited by time and to file an answered \nPrehearing  Questionnaire  within  10  days  of  this  Order.  In  addition,  the  claimant was \ninstructed that if she intended to pursue her claim to a hearing, she was required to submit \ndocumentary evidence that she intends to have admitted into evidence at the time of the \nhearing  without  comments  or  highlights.  Failure  to  take  this  action  would result  in  the \ndocuments being inadmissible. \n\nPeggy Clemons – H204111 \n Another Motion to Dismiss for Failure to Prosecute was filed on or about August 28, \n2024, and a hearing was held in regard to this motion on December 3, 2024. The claimant, \nwho had still not requested a hearing in regard to the matter, did submit documents at the \ntime of the Motion to Dismiss hearing containing what appeared to be a Motion to Object \nto  the  Motion  to  Dismiss,  Motions  in  Limine,  Motions  to  Quash,  Motions  for  Summary \nJudgement,  and a statement  that  all  the  Respondents  were  liable  for  $300,000.00 \ncollectively  for  non-economic  damages  plus  another  $75,000  per  liable  entity.  She  also \nmentioned the Federal Covid Relief Act and the New Learns Act teachers raise. In addition, \nshe contended that she should be able to litigate Condition Code 91 and the International \nClassification of Disease Codes.   \nAfter 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 \nRespondent,  and  the  statements  by  the  claimant,  it  is  found  that  this matter  should  be \ndismissed without prejudice, for failure to prosecute pursuant to A.C.A. 11-9-702 and Rule \n099.13 of the Arkansas Workers’ Compensation Act. \nORDER \n \n Pursuant to the above statement of the case, and the multiple issues and hearings \nin regard to this matter, it is determined that the claimant has taken little to no action to \nactively pursue her claim over an extended period of time and there is no alternative but to \ngrant  the  Motion  to  Dismiss  this  claim  in  its  entirety,  without  prejudice,  for  failure  to \nprosecute. \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 COUNTY SCHOOL DISTRICT’ EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOC RESPONDENT OPINION AND ORDER FILED JANUARY 21, 2025 The Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas...","fetched_at":"2026-05-19T22:44:30.372Z","links":{"html":"/opinions/alj-H204111-2025-01-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CLEMONS_PEGGY_H204111_20250121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}