{"id":"alj-H205043-2023-03-21","awcc_number":"H205043","decision_date":"2023-03-21","opinion_type":"alj","claimant_name":"Andres Flores-Maya","employer_name":"Bfi Waste Services, LLC","title":"FLORES MAYA VS. BFI WASTE SERVICES, LLC AWCC# H205043 MARCH 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/FLORES-MAYA_ANDRES_H205043_20230321.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FLORES-MAYA_ANDRES_H205043_20230321.pdf","text_length":6641,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H205043 \n \nANDRES FLORES MAYA,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nBFI WASTE SERVICES, LLC, \nEMPLOYER                                                                                                         RESPONDENT \n \nINDEMNITY INS. CO. Of NORTH AMERICA/ \nCCMSI, \nCARRIER/TPA                                                                                             RESPONDENT \n                                                                                                                     \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED MARCH 21, 2023 \n \nHearing conducted on Tuesday, March 21, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Mr. Andres Flores Maya, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable William C. (Bill) Frye, Little Rock, Pulaski \nCounty, Arkansas.  \n \nSTATEMENT OF THE CASE \n \n     A hearing was conducted on Tuesday, March 21, 2023, to determine whether this claim should \nbe  dismissed  for  lack  of  prosecution  pursuant  to Ark.  Code  Ann.  §  11-9-702(a)(4)  (2022  Lexis \nReplacement) and Commission Rule 099.13 (2022 Lexis Replacement). \n     By  letter  dated  June  24,  2022,  which  was  filed  with  the  Commission  on  July  26,  2022,  the \nclaimant specifically advised he wished to withdraw his workers’ compensation claim filed with \nthe Commission on June 14, 2022. In his letter the claimant made it abundantly clear this decision \nwas his and his alone, and that he preferred to use his personal doctor for treatment of his condition.  \nThereafter, the claimant’s attorney at the time, the Honorable Mark Alan Peoples, filed a motion \n\nAndres Flores Maya, AWCC No. H205043 \n2 \n \nwith  the  Commission  requesting  the  Commission  allow  him  to  withdraw  as  the  claimant’s \nattorney, which motion the Commission unanimously granted by Order dated November 18, 2022. \n      By letter filed with the Commission on January 16, 2023, the respondents filed a letter motion \nto dismiss for lack of prosecution requesting the Commission dismiss this claim without prejudice \nfor lack of prosecution. Pursuant to the applicable law, both the claimant and his former attorney \nof record were mailed a copy of the respondents’ letter motion to dismiss and the subject hearing \nnotice  in  advance  of  the  hearing.  Once  again, the claimant’s former attorney advised the ALJ’s \noffice via email dated January 20, 2023, that the Commission had unanimously granted his request \nto withdraw some three (3) months prior by Commission order dated November 18, 2022.  \n     The Commission’s file reflects the claimant’s last communication with the Commission was \nwhen he spoke to legal advisor on March 8, 2023. The Commission’s legal advisor explained the \nmotion to dismiss process, and told him the dismissal would more likely be without prejudice to \nthe claim’s refiling. \n     The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n     Consistent  with Ark.  Code  Ann.§  11-9-702(a)(4),  as  well  as  our  court  of  appeals’  ruling  in \nDillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the  preponderance  of  the  evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute his claim at this time. \n\nAndres Flores Maya, AWCC No. H205043 \n3 \n \n     Therefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and  other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having had the opportunity to be represented by excellent, experienced, highly ethical \nlegal counsel, by letter dated June 24, 2022, which was filed with the Commission on July \n26, 2022, the claimant specifically advised he wished to withdraw the subject claim. The \nCommission allowed the claimant’s attorney to withdraw as her counsel by order dated and \neffective November 18, 2022.  \n \n3. After  having  been  mailed due and legal  notice of both  the respondents’ motion  and the \nsubject hearing date, the claimant neither inquired concerning or responded to the motion \nin any way; and he did not appear, nor cause anyone to appear on his behalf, at the subject \nhearing.  Therefore,  the  claimant  is  deemed  to  have  withdrawn  and/or  abandoned  the \nsubject  claim,  and  to  have  waived  his right  to  a  hearing  on  the  respondents’  motion  to \ndismiss without prejudice. \n \n4. The claimant has to date failed and/or refused to request a hearing, and he has failed \nand/or refused to take any action(s) whatsoever to prosecute his claim. \n \n5. Therefore, the  respondents’ letter  motion  to  dismiss  without  prejudice  filed  January  16, \n2023, is GRANTED; and this claim hereby is dismissed without prejudice to its refiling \npursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n     This Order shall not be construed to prohibit the claimant, his attorney, any attorney he may \nretain in the future, or anyone acting legally and on his behalf, from refiling the claim if it is \nrefiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n     If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n     IT IS SO ORDERED. \n                                                            \n____________________________                                                                      \n                                                                        Mike Pickens \n  MP/mp                                                                      Administrative Law Judge \n\nAndres Flores Maya, AWCC No. H205043 \n4 \n \n \n \n \nMP/mp \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205043 ANDRES FLORES MAYA, EMPLOYEE CLAIMANT BFI WASTE SERVICES, LLC, EMPLOYER RESPONDENT INDEMNITY INS. CO. Of NORTH AMERICA/ CCMSI, CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED MARCH 21, 2023 Hearing conducted on Tuesday, M...","fetched_at":"2026-05-19T23:09:36.457Z","links":{"html":"/opinions/alj-H205043-2023-03-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/FLORES-MAYA_ANDRES_H205043_20230321.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}