{"id":"alj-H205025-2023-03-30","awcc_number":"H205025","decision_date":"2023-03-30","opinion_type":"alj","claimant_name":"Callie Tidwell","employer_name":"Lonoke High School","title":"TIDWELL VS. LONOKE HIGH SCHOOL AWCC# H205025 MARCH 30, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["neck","shoulder","hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/TIDWELL_CALLIE_H205025_20230330.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TIDWELL_CALLIE_H205025_20230330.pdf","text_length":7846,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO.  H205025 \n \nCALLIE TIDWELL,  \nEMPLOYEE                                                                                                               CLAIMANT                                   \n \nLONOKE HIGH SCHOOL, \nEMPLOYER                                                                                                          RESPONDENT  \n \nAR SCHOOL BOARDS ASSOC., WCT,                \nINSURNACE CARRIER/TPA                                                                             RESPONDENT                                                                 \n                                               \n \nOPINION FILED MARCH 30, 2023   \n \nHearing before Administrative Law Judge Chandra L. Black, on March 29, 2023, in Little Rock, \nPulaski County, Arkansas. \n  \nClaimant represented by Ms. Laura Beth York, Attorney at Law, Little Rock, Arkansas.  Ms. York \nwaived her appearance at the hearing.      \n \nRespondents represented by Ms. Melissa Wood, Attorney at Law, Little Rock, Arkansas. \n \n                                                 STATEMENT OF THE CASE      \n \n A  hearing  was  held  on the Respondents’ motion  to  dismiss  for  want  of  prosecution,  on \nMarch 29, 2023, in this claim for workers’ compensation benefits pursuant to Dillard v. Benton \nCounty Sheriff’s Office,  87  Ark.  App.  379,  192  S.W.  3d  287  (2004).      Here,  the  sole  issue  for \ndetermination  is  whether  this  claim  should  be  dismissed due to the Claimant’s failure  to  timely \nprosecute it  under  the  provisions  of  Ark.  Code  Ann.  §11-9-702  (Repl.  2012),  and/or  Arkansas \nWorkers’ Compensation Commission Rule 099.13.  \nThe  record  consists  of  the  hearing  transcript  of  the  March  29,  2023  and  the  documents \ncontained  therein.    Specifically,  said  documentary  evidence  includes  Respondents’  Hearing \nExhibit  Index.  Said  exhibit  encompasses  eighteen  (18)  numbered  pages  and  was  marked  as \n\nTidwell – H205025 \n \n2 \n \nRespondents’ Exhibit 1.  Moreover,  the entire Commission’s file  has  been  made  a  part  of  the \nrecord.  It is hereby incorporated herein by reference. \nReasonable  notice  of  the  dismissal  hearing  was  served  on  all  the  parties  in  the  manner \nestablished by law.   \n No testimony was taken during the hearing. \n          BACKGROUND \nThe Claimant’s attorney filed a Form AR-C with the Commission on July 25, 2022 in the \nabove  captioned.    Per  this  document,  the  Claimant  asserted  her  entitlement  to  both  initial  and \nadditional workers’ compensation benefits.  Her alleged work-related accident occurred on May \n23,  2022.    Counsel  for  the  Claimant  briefly  described  the  cause  of  injury  and  the  part  of  body \ninjured: “Claimant was in the scope and course of employment and sustained injury to her right \near, neck, jaw, right shoulder, right elbow, right hip, both legs, both feet and other whole body.”       \nOn July 14, 2022 the respondent-insurance carrier filed a Form AR-2 with the Commission \naccepting the claim as a “medical only claim.”  Moreover, on July 26, 2022, the claims adjuster \nfor the Respondents  wrote a letter to the Commission regarding this claim.  The adjuster stated \nthat  they  had  accepted  this  claim  as  compensable,  and  all  reasonably  necessary  and  authorized \nmedical expenses and indemnity benefits have been paid.         \nSince the filing of the Form AR-C, the Claimant has failed to request a hearing before the \nCommission on the merits of her claim.                  \nTherefore, on January 27, 2023, the Respondents filed a Motion to Dismiss for Failure to \nProsecute, with a Certificate of Service to the Claimant’s attorney.   \n\nTidwell – H205025 \n \n3 \n \nOn  February  2,  2023,  the  Commission  sent  a  notice  to  the Claimant’s attorney and the \nClaimant notifying them of the Respondents’ motion with a deadline of twenty (20) days for filing \na written objection.  \nPer  an  email  of  February  2,  2023, the Claimant’s attorney wrote  to  the  Commission, \nexpressing  her  position  regarding  the  motion.    Specifically,  she  wrote  in  relevant  part: “The \nClaimant does not object to the Motion to Dismiss without prejudice.” \nOn February 23, 2023, the Commission sent a Notice of Hearing to the parties letting them \nknow that a hearing was scheduled for March 29, 2023 on the Respondents’ motion to dismiss for  \nlack of prosecution.      \n          DISCUSSION \n Subsequently,  a  hearing  was  conducted  before  the  Commission, on the Respondents’ \nmotion to dismiss as scheduled.   During the hearing, counsel for the Respondents moved that the \nwithin claim be dismissed without prejudice due to a lack of prosecution because the Claimant has \nfailed  to  request  a  hearing  since  the  filing  of  the  Form  AR-C  and  considering  all  appropriate \nbenefits have been paid to and on behalf of the Claimant.   \nMy review of the entire record establishes that more than six (6) months have passed after \nthe filing of the Form AR-C for a claim of workers’ compensation benefits.  However, since this \ntime the Claimant has failed to make with the Commission a bona fide request for a hearing with \nrespect to her claim.  Moreover, the Claimant does not object to her claim being dismissed without \nprejudice.  Considering the foregoing, I am persuaded that   the Claimant has had ample time to \npursue  her  claim for workers’ compensation benefits,  but  she  has  failed  to  do  so.    Thus,  the \nClaimant has failed to timely prosecute her claim.   \n\nTidwell – H205025 \n \n4 \n \nTherefore, based on my review of the documentary evidence, and all other matters properly \nbefore this Commission, I find that the Respondents’ motion to dismiss this claim should be and \nis hereby granted under Ark. Code Ann. §11-9-702 (Repl. 2012), and Commission Rule 099.13.  \nAccordingly, this claim for workers’ compensation benefits is  respectfully  dismissed  without \nprejudice to the refiling within the specified limitation period. \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 Claimant filed a Form AR-C with the Commission on or about July 25, \n2022. \n \n3. More  than  six  (6)  months  have  passed  since  the  Claimant  filed  the  Form \nAR-C for a claim of workers’ compensation benefits.  However, subsequent \nto the filing of said claim, there has been no request for a hearing made by \nthe Claimant.  \n \n4. The  Respondents  filed  with  the  Commission  a  Motion to  Dismiss  for \nFailure to Prosecute on January 7, 2023.        \n   \n5. The  Claimant  does  not  object  to  her  claim  being  dismissed  without \nprejudice.  That dismissal of this claim is warranted. \n \n6. That the Respondents’ motion to dismiss is hereby granted pursuant to Ark. \nCode Ann.§11-9-702 (Repl. 2012), and Commission Rule 099.13, without \nprejudice to the refiling of the claim within the applicable limitation period.  \n   \nORDER \nBased upon the foregoing Findings of Fact and Conclusions of Law, I have no alternative \nbut to dismiss this claim for workers’ compensation benefits.  This claim is dismissed under the \nprovisions of Ark. Code Ann. §11-9-702 (Repl. 2012), and Commission Rule 099.13, without  \n \n\nTidwell – H205025 \n \n5 \n \nprejudice to the refiling of this claim within the specified limitation period. \nIT IS SO ORDERED. \n  \n                          \n \n  _______________________________ \n  CHANDRA L. BLACK  \n                                                     Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205025 CALLIE TIDWELL, EMPLOYEE CLAIMANT LONOKE HIGH SCHOOL, EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC., WCT, INSURNACE CARRIER/TPA RESPONDENT OPINION FILED MARCH 30, 2023 Hearing before Administrative Law Judge Chandra L. Black, on March 29, 2023, in Lit...","fetched_at":"2026-05-19T23:09:59.472Z","links":{"html":"/opinions/alj-H205025-2023-03-30","pdf":"https://labor.arkansas.gov/wp-content/uploads/TIDWELL_CALLIE_H205025_20230330.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}