{"id":"alj-H204489-2023-07-24","awcc_number":"H204489","decision_date":"2023-07-24","opinion_type":"alj","claimant_name":"Bang-Oen Pryor","employer_name":"Bismarck School District","title":"PRYOR VS. BISMARCK SCHOOL DISTRICT AWCC# H204489 & H204490 JULY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1"],"injury_keywords":["wrist","neck","cervical"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PRYOR_BANG-OEN_H204489_H204490_20230724.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PRYOR_BANG-OEN_H204489_H204490_20230724.pdf","text_length":9716,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC CLAIM NOS.: H204489 & H2044490 \n \n \nBANG-OEN PRYOR,  \nEMPLOYEE                                                                                                                 CLAIMANT \n \nBISMARCK SCHOOL DISTRICT,  \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nARKANSAS SCHOOL BOARDS ASSN. WCT,  \nINSURANCE CARRIER                                                                                        RESPONDENT                           \n          \nARKANSAS SCHOOL BOARDS ASSN.,                                                                                                                                  \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT \n \nOPINION FILED JULY 24, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant is pro se in AWCC No.  H204489, failed to appear for the hearing.  \n \nClaimant represented in AWCC No. H204490 by the Honorable Daniel A. Webb, Attorney at Law, \nLittle Rock, Arkansas.  Mr. Webb waived his appearance at the hearing. \n     \nRespondents  represented  by  the  Honorable  Melissa  Wood,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on July 12, 2023 in the present matter pursuant to Dillard v. Benton \nCounty Sheriff’s Office,  87  Ark.  App.  379,  192  S.W.  3d  287  (2004),  to  determine  whether  the \nabove-referenced claims should be dismissed for failure to prosecute under the provisions of Ark. \nCode  Ann.  §11-9-702  (Repl.  2012),  and Arkansas Workers’ Compensation  Commission  Rule \n099.13.  \nAppropriate Notice of this hearing was attempted on all parties to their last known address, \nin the manner prescribed by law.   \n\nPryor – H204489 & H204490 \n \n2 \n \nThe  record  consists  of  the  transcript  of  the July  12,  2023,  hearing  and  the  documents \ncontained therein.  Also, both Commission’s files have been made a part of the record.  It is hereby \nincorporated  herein  by  reference.    Respondents’ Exhibit  1  includes a  Respondents’  Hearing \nExhibit Index consisting of five numbered pages, excluding the cover letter.  The Respondents’ \nHearing Exhibit Index, excluding the cover page consists of nine numbered pages has been marked \nas Respondents’ Exhibit 2.  \n                                                                   Discussion \n It appears that the Claimant alleged a workplace injury to her wrist on or about October 1, \n2021, which she did not promptly report to her employer.  The Claimant did not file a Form AR-\nC or any document with the Commission that would be sufficient for establishing the filing of a \nclaim.  The claim number for this alleged injury is H204489.  The Claimant is unrepresented in \nthis claim.   \n Subsequently, the respondent-employer filed a Form AR-2 with the Commission on June \n22, 2022 controverting the claim on the grounds: “DENIED – did not occur within course/scope \nof employment.”   \n Since this time, there has been no action taken by the Claimant to pursue her first alleged \nclaim (H204489) for an injury to her wrist.  \nOn May 5, 2023, the Claimant’s attorney filed with the Commission a claim for Arkansas \nworkers’ compensation benefits  by  way  of  a  Form  AR-C.  The  claim  number  for  this  claim  is \nH204490.    Specifically, the Claimant alleged that she sustained injuries to her neck on April 27, \n2022.  The Claimant requested initial workers’ compensation benefits in the form of temporary \ntotal  disability,  medical  expenses to include mileage, and attorney’s fees.  In  addition  to  these \n\nPryor – H204489 & H204490 \n \n3 \n \nbenefits,  the  Claimant  requested  additional  benefits  only  in  the  form  of  additional  permanent \npartial disability benefits.   \nThe  respondent-insurance-carrier  filed  a  Form  AR-2  with  the  Commission  on  June  22, \n2022,  wherein  they  denied  compensability  on  the  grounds of  “...  did  not  occur  within  the \ncourse/scope of her employment.”   \n  Since this time and the filing of the Form AR-C, there has been no bona fide action on the \npart of the Claimant to prosecute this claim, or otherwise pursue this matter.  \nOn May 5, 2023, the Respondents filed with the Commission a motion requesting that these \nclaims be dismissed for a lack of prosecution.  The Respondents notified the Claimant’s attorney \nof their motion for dismissal by way of mailing a copy of to him.  \nThe  Commission  sent  a  letter-notice to the Claimant’s attorney and the Claimant’s last \nknown address on May 10, 2023.  Per this correspondence, the Claimant was given a deadline of \ntwenty days, for filing a written response to the Respondents’ motion.  \nInformation received by the Commission from the United States Postal Service shows that \nthey delivered this parcel of mail to the Claimant’s home.  It bears the Claimant’s signature.  \n Yet, there has been no response from the Claimant. \n However, the Claimant’s attorney contacted the Commission stating that he waived his \nappearance  at  the  hearing in the claim relating to the Claimant’s neck, which is AWCC No. \nH204489.  Counsel also stated that he does not object to the claim being dismissed regarding the \nClaimant’s alleged cervical spine injury.  However, counsel specifically clarified that he does not \nrepresent the Claimant in the other claim.   \nConsequently, pursuant to a Hearing Notice dated June 2, 2023, the Commission notified \nthe parties that a hearing was scheduled to address the Respondents’ motion to dismiss this claim \n\nPryor – H204489 & H204490 \n \n4 \n \ndue to a lack of prosecution.  Said hearing was scheduled for July 12, 2023, at 9:30 a.m., at the \nArkansas Workers’ Compensation Commission, in Little Rock, Arkansas. \n However, on July 11, 2023, the United States Postal Service informed the Commission that \nthey were unable to find any delivery information on the above item for the Claimant.  \n Subsequently, a hearing was in fact conducted on the Respondents’ motion for dismissal \nas  scheduled.    The  Claimant  failed  to  appear  at  the  hearing.    Nevertheless,  the  Respondents \nappeared through their attorney.  Counsel noted that the Claimant has failed to promptly prosecute \nher claim for workers’ compensation benefits.  Counsel further noted that there has been no attempt \non  the  part  of  the  Claimant  to  move  forward  with  a  hearing.    Explicitly,  counsel  for  the \nRespondents  noted  that  the  Claimant  did  not  respond  in a  timely  fashion  during  the  prehearing \nprocess and her discovery requests.  Therefore, counsel moved that both claims be dismissed under \nthe provisions of Ark. Code Ann. §11-9-702, and Arkansas Workers’ Compensation Commission \nRule 099.13 without prejudice. \nThe record before me proves that the Claimant has failed to timely prosecute her alleged \nclaims for workers’ compensation benefits.  The  Claimant  has  failed  to  respond  to  the  written \nnotices  of  this  Commission  and  has  not  objected  to  her  first  claim,  AWCC  H204489  being \ndismissed.  However, with respect to the afore claim, there is no claim to dismiss.  Regarding the \nClaimant ‘s second alleged  claim  (AWCC  No.  H204490)  for  a  neck  injury,  her  attorney  has \nindicated that he does not object this claim being dismissed, without prejudice.   Therefore, per \nRule 099.13 of this Commission, AWCC No. H204490 is hereby dismissed, without prejudice to \nthe  refiling  of  it  with  the  limitation  period  specified  by  law.    In  view  of  the  foregoing  finding, \nconsideration for dismissal of the within claim under the provisions of Ark. Code Ann. §11-9-702 \nhas been rendered moot. \n\nPryor – H204489 & H204490 \n \n5 \n \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn  the  basis  of  the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The  Respondents  filed  with  the  Commission, a  motion  to  dismiss  these \nclaims for which a hearing was held. \n \n3. The evidence preponderates that there is no claim to dismiss with respect to \nthe  first  claim,  which  is  AWCC  No.  H204489.    However,  the  evidence \npreponderates that the Claimant has failed to timely prosecute her claim for \nworkers’ compensation benefits for an alleged neck injury, which is AWCC \nNo. H204490.   \n \n4. Appropriate Notice of the dismissal hearing was attempted on all parties to \ntheir last known address, in the manner prescribed by law.    \n \n            5. The Respondents’ motion  to  dismiss  is  hereby  granted  without  prejudice \npursuant  to  Commission  Rule  099.13,  to  the  refiling  of  it  within  the \nlimitation period specified by law for AWCC No. H204490.  \n \nORDER \n \n In accordance with the findings of fact and conclusions of law set forth above, this claim \nfor an alleged neck injury (which is AWCC No. H204490) is hereby dismissed.  This dismissal is   \npursuant to Arkansas Workers’ Compensation Commission Rule 099.13, without prejudice to the  \nrefiling of it, within the limitation period specified by law.  \n        IT IS SO ORDERED. \n \n \n                              _______________________________ \n               Hon. CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC CLAIM NOS.: H204489 & H2044490 BANG-OEN PRYOR, EMPLOYEE CLAIMANT BISMARCK SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSN. WCT, INSURANCE CARRIER RESPONDENT ARKANSAS SCHOOL BOARDS ASSN., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED JULY 24...","fetched_at":"2026-05-19T23:05:35.437Z","links":{"html":"/opinions/alj-H204489-2023-07-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/PRYOR_BANG-OEN_H204489_H204490_20230724.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}