{"id":"alj-H204774-2023-06-29","awcc_number":"H204774","decision_date":"2023-06-29","opinion_type":"alj","claimant_name":"Dawn Walters","employer_name":"Mcclure & Associates Holdings Co., LLC","title":"WALTERS VS. McCLURE & ASSOCIATES HOLDINGS CO., LLC AWCC# H204774 JUNE 29, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WALTERS_DAWN_H204774_20230629.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WALTERS_DAWN_H204774_20230629.pdf","text_length":8626,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H204774 \n \n \nDAWN WALTERS, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nMcCLURE & ASSOCIATES HOLDINGS CO., LLC,  \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nCAROLINA CASUALTY INSURANCE COMPANY,  \nINSURANCE CARRIER                                                                                        RESPONDENT                           \n          \nBERKLEYNET,                                                                                                                                   \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT \n \nOPINION FILED JUNE 29, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, failed to appear for the hearing.         \n \nRespondents  represented  by  the  Honorable  Karen H.  McKinney,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                           Statement of the Case      \n \n A hearing was held on June 27, 2023, in the present matter before this Commission for a \ndetermination of whether the above-referenced matter should be dismissed for failure to prosecute \nunder  the  provisions  of  Ark.  Code  Ann.  §11-9-702  (Repl.  2012),  and Arkansas  Workers’ \nCompensation Commission Rule 099.13.  \nAppropriate Notice of this hearing was had on all parties to their last known address, in the \nmanner prescribed by law.   \nThe  record  consists  of  the  transcript  of  the  June  27,  2023,  hearing  and  the  documents \ncontained therein. Specifically, the Respondents’ Hearing Exhibit consisting of eight pages was \n\nWalters – H 204774 \n \n2 \n \nmarked as Respondents’ Exhibit 1.  Additionally, the entire Commission’s file has also been made \na part of the record.  It is hereby incorporated into the hearing transcript by reference.   \n                                                                 Discussion \n On July 1, 2022, the Claimant’s attorney filed with the Commission a claim for workers’ \ncompensation  benefits  on  behalf  of  the  Claimant  by  way  of  a  Form  AR-C.    Specifically,  the \nClaimant’s attorney described  the  alleged  incident  as  follows: “During  the  scope  and  course  of \nemployment  the  Claimant  sustained  injuries  to  the  right  knee  and  other  whole  body.”    These \nalleged injuries occurred on January 26, 2022.  The Claimant’s attorney checked all the boxes for \nboth initial and additional workers’ compensation benefits.        \n  The  respondent-insurance-carrier  filed  a  Form  AR-2  with  the  Commission  on  July  26, \n2022, wherein they accepted compensability of the claim as a “Medical” only claim.  \n On or about March 22, 2023, the Claimant’s attorney filed with the Commission a Motion \nto Withdraw requesting to be relieved as counsel of record for the Claimant in this matter.  The \nFull  Commission  entered  an  order granting  the  motion  for  Claimant’s  attorney  to  withdraw  as \ncounsel of record for the Claimant in this matter on April 6, 2023. \nSince the filing of the Form AR-C, there has been no action whatsoever taken on the part \nof the Claimant to prosecute this claim, or otherwise pursue any type of workers’ compensation \nbenefits.  \nTherefore,  on  April  13,  2023,  the  Respondents  attorney  filed  a Respondents’  Motion  to \nDismiss with the Commission requesting to have the within claim dismissed due to the Claimant’s \nfailure  to  prosecute  it.  Per  this  motion,  the  Respondents  attorney  contended  that  more  than  six \nmonths have lapsed since the filing of the Form AR-C without a request for a hearing. \n\nWalters – H 204774 \n \n3 \n \nThe  Commission  sent  a  notice  to  the Claimant’s  last  known  address  listed  in  the \nCommission’s file to notify her with of the Respondents’ motion to have her claim dismissed.  Said \nnotice was mailed to the Claimant on April 24, 2023.  Per this correspondence, the Claimant was \ngiven a deadline of twenty days for  filing a written response to the Respondents’ motion.  Said \nnotice was mailed to the Claimant by both certified and first-class mail via the United States Postal \nService.  The notice sent by certified mailed was returned to the Commission on May 16,  2023, \nmarked as “unclaimed mail.”  However, the letter sent by first-class mail has not been returned.    \nYet, there was no response from the Claimant. \nTherefore, this matter was set for a dismissal hearing.  Pursuant to a Hearing Notice dated \nMay  18,  2023,  the  Commission  notified  the  parties  that  a  hearing  was  scheduled  to  address  the \nRespondents’  motion  to  dismiss  this  claim  due  to  a  lack  of  prosecution.    Said  hearing  was \nscheduled for June 27, 2023, at 10:30 a.m., at the Arkansas Workers’ Compensation Commission, \nin Little Rock, Arkansas.   \nOn  June  1,  2023,  the  United  States  Postal  Service  informed  the  Commission  that  they \ndelivered the above item to the Claimant’s home and left it with her.   Hence, the return receipt \nbears the Claimant’s signature.  \n Still, there was no response from the Claimant. \nA hearing was in fact conducted on the Respondents’ motion as scheduled.  The Claimant \nfailed to appear at the hearing.  However, the Respondents appeared through their attorney.   \nCounsel noted among other things, that the Claimant has done nothing to pursue her claim \nfor workers’ compensation benefits since the filing of the Form AR-C.  Most significantly, counsel \nnoted that the Claimant failed to follow-up with medical appointments scheduled for her by the \nRespondents.  Therefore, counsel moved that this claim be dismissed “with” prejudice under Ark. \n\nWalters – H 204774 \n \n4 \n \nCode  Ann.  §11-9-702,  and Arkansas Workers’ Compensation Commission Rule 099.13,  due  to \nthe Claimant’s failure to seek medical treatment, and because she has not requested a hearing since \nthe filing of the claim more than six months ago.      \nThe record before me shows that a request for a hearing has not been made by or on behalf \nof the Claimant since the filing of the Form AR-C, which was over more than six (6) months ago.  \nMost notably, the Claimant failed to appear at the dismissal hearing to object to her claim being \ndismissed.    Moreover,  the  Claimant  has  failed  to  respond  to  the  notices  of  this  Commission.  \nHence, the preponderance of the evidence shows that the Claimant has abandoned her claim for \nworkers’ compensation benefits.  Therefore, based on all of the foregoing reasons, I therefore find \nthat the dismissal of this claim is warranted, pursuant to the provisions of Ark. Code Ann. §11-9-\n702, and Commission Rule 099.13. This dismissal is without prejudice, to the refiling of it within \nthe limitation period specified by law.   \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 evidence preponderates that the Claimant has failed to prosecute her    \n                        claim for workers’ compensation benefits under the provisions of Ark Code    \n                        Ann. §11-9-702, and Commission Rule 099.13. \n  \n3. The Respondents’ motion to dismiss this claim is well founded. \n \n4. Appropriate Notice of the dismissal hearing was tried on all parties to their \nlast known address, in the manner prescribed by law. \n \n5.  This claim is hereby respectfully dismissed, without prejudice, under Ark.  \nCode Ann. §11-9-702, and Rule 099.13, to the refiling of it within the period \nof time specified by law.   \n\nWalters – H 204774 \n \n5 \n \nORDER \n \n In accordance with the findings and conclusions of law set forth above, this claim is hereby \ndismissed  pursuant  to  the  provisions  of  Ark.  Code  Ann.  §11-9-702,  and  Arkansas Workers’ \nCompensation  Commission  Rule  099.13, without  prejudice  to  the  refiling  of it,  within  the \nlimitation period as 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 CLAIM NO.: H204774 DAWN WALTERS, EMPLOYEE CLAIMANT McCLURE & ASSOCIATES HOLDINGS CO., LLC, EMPLOYER RESPONDENT CAROLINA CASUALTY INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT BERKLEYNET, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED JUNE 29, 2023 Hearing held ...","fetched_at":"2026-05-19T23:06:59.097Z","links":{"html":"/opinions/alj-H204774-2023-06-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/WALTERS_DAWN_H204774_20230629.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}