{"id":"alj-H205173-2023-10-24","awcc_number":"H205173","decision_date":"2023-10-24","opinion_type":"alj","claimant_name":"Mable Bealer","employer_name":"Bridge 2 Success","title":"BEALER VS. BRIDGE 2 SUCCESS AWCC# H205173 OCTOBER 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["knee","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//Bealer_Mable_H205173_20231024.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Bealer_Mable_H205173_20231024.pdf","text_length":9132,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H205173 \n \nMABLE J. BEALER, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nBRIDGE 2 SUCCESS,   \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nCHURCH MUTUAL INSURANCE COMPANY,  \nINSURANCE CARRIER                                                                                        RESPONDENT \n  \nESIS, INC., \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT  \n                       \n \nOPINION FILED OCTOBER 24, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, failed to appear at the hearing.  \n \nRespondents represented by the Honorable Eric Newkirk, Attorney at Law, Little Rock, Arkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on October 17, 2023 in the above-captioned case pursuant to Dillard \nv. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W. 3d 287 (2004), for a determination \nof whether this claim for Arkansas workers’ compensation benefits should be dismissed due to the \nClaimant’s failure to prosecute it timely under the provisions of Ark. Code Ann. §11-9-702 (Repl. \n2012) and Arkansas Workers’ Compensation Commission Rule 099.13.  \nAppropriate Notice of this hearing was attempted on all parties to their last known address, \nin the manner prescribed by law.   \nThe record consists of the transcript of the October 17, 2023, hearing and the documents \ncontained therein.  In addition, the entire Commission’s file has been made a part of the record.  It \n\nBealer – H 205173 \n \n2 \n \nis hereby incorporated herein by reference.  The Respondents introduced into evidence an exhibit \nconsisting of thirty-four numbered pages, which has been marked accordingly.    \n                                                                    Discussion \n On September 9, 2022, the Claimant’s attorney filed a Form AR-C with the Commission \nasserting the Claimant’s entitlement to Arkansas workers’ compensation benefits.  He alleged that \nthe Claimant sustained compensable injuries to her right knee, back, and other body parts on June \n23, 2022, while working for the respondent-employer.  The Claimant’s attorney asserted that she \nwas entitled to both initial and additional workers’ compensation benefits.  Specifically, counsel \nchecked  off  all  the  boxes  for  every  conceivable  benefit  allowed  by  law  in  connection  with  this \nclaim. \n The respondent-insurance carrier filed a Form AR-2 with the Commission on October 11, \n2022,  controverting  the  within  claim.    Specifically,  the  claims  adjuster  explicitly  wrote  on  this \ndocument, the  following:  “Denied  as  there  is  no  evidence  of  injury.    Claim  does  not  meet  the \nrequirements for compensability under AR law.”     \nAs a result, the prehearing process was started in this matter.  On November 16, 2022, a \nprehearing telephone conference was held on this claim, and on that same day a Prehearing Order \nwas entered wherein the claim for scheduled for a full hearing.  The parties agreed to litigate this \nclaim on January 24, 2023. \nHowever, on January 11, 2023, the Claimant’s attorney sent an e-mail to the Commission, \nasking to be relieved as counsel record for the Claimant in this matter.  On January 24, 2023, the \nClaimant’s attorney was allowed to withdraw from representing the Claimant.  Also, per counsel’s \ncorrespondence of January 11, he asked that the hearing be removed from the docket, which was \ndone.  Hence, the case file was returned to the Commission’s general files.    \n\nBealer – H 205173 \n \n3 \n \nSince this time, the Claimant has taken no action whatsoever to pursue her claim.     \nTherefore, on August 14, 2023, the Respondents filed a Respondents’ Motion to Dismiss \nthe  within  claim  due  to  a  lack  of  prosecution  under  Ark.  Code  Ann.  11-9-702  (a)(4)  and  Rule \n099.13  of  this  Commission.    The  Respondents’  pleading  was  accompanied  by a  certificate  of \nservice to the Claimant, which showed they mailed it to her.   \nThe  Commission  sent  a  letter to  the  Claimant  giving  her  twenty  days  to  file  a  written \nresponse to the Respondents’ motion for dismissal.  This letter-notice was sent to the Claimant by \nboth certified and first-class mail.  The information received from the United States Postal Service \nshows that this item has not been claimed by the Claimant.   However, the notice sent by first-class \nmail has not been returned to the Commission.            \n  Pursuant to a Hearing Notice dated August 31, 2023, the Commission notified the parties \nthat a hearing was scheduled to address the Respondents’ motion to dismiss this claim due to a \nlack  of  prosecution.    Said  hearing  was  scheduled  for  October  17,  2023,  in Little  Rock at  the \nArkansas Workers’ Compensation Commission.  The notice was sent to the Claimant via certified \nand first-class mail.   \nThe information received by the Commission from the Postal Service shows that they were \nunable to find any delivery information in their records for the notice of hearing, which was mailed \nto the Claimant.  However, the notice sent to the Claimant by regular mail has not been returned \nto  the  Commission.  Based  on  the  foregoing,  the  Claimant  was  provided  proper  notice  of  the \ndismissal hearing.   \nStill, there has been no response from the Claimant.  Subsequently, a hearing was in fact \nconducted  on  the  Respondents’  motion  as  scheduled.  The  Claimant  failed  to  appear  at  the \ndismissal hearing.  However, the Respondents appeared through their attorney.   \n\nBealer – H 205173 \n \n4 \n \nCounsel explicitly noted that the Claimant has failed to promptly prosecute her claim for \nworkers’ compensation benefits since her attorney was allowed to withdraw from representing her \nin this matter, which was done in January 2023.  Counsel also noted that he took the Claimant’s \ndeposition,  but  she  refused  to  answer  questions  about  her  medical  providers.    Although  the \nClaimant has not responded to the notices of this Commission, she contacted the Respondents’ \nattorney upon receipt of  the motion for dismissal of the claim.  However, the Claimant has still \nfailed to object to the dismissal of her claim.  Therefore, the Respondents’ counsel asked that the \nclaim be dismissed due to a lack of prosecution based on all the foregoing, and reasons stated in \nhis motion and brief.  \nThe record before me proves that the Claimant has failed to promptly prosecute her claim \nfor workers’ compensation benefits.  Moreover, the Claimant did not appear at the hearing to object \nto her claim being dismissed, and she has not responded to the notices of this Commission.  Under \nthese circumstances, I am compelled to find that the evidence preponderates that the Claimant has \nabandoned  her  claim.  Accordingly,  per  Ark.  Code  Ann.  §11-9-702  and  Rule  099.13  of  this \nCommission, I find that this claim should be and is hereby respectfully dismissed without prejudice \nto the refiling of it within the 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 Respondents filed with the Commission a motion for dismissal of this \nclaim due to a lack of prosecution, for which a hearing was held. \n \n3. The Claimant has not made a request for a hearing since her attorney was \nallowed  to  withdraw  from  representing  her,  which  was  done  more  than \n\nBealer – H 205173 \n \n5 \n \nsome six months ago.  Hence, the evidence preponderates that the Claimant \nfailed to prosecute her claim for workers’ compensation benefits.     \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 \n            5. The Respondents’ Motion to Dismiss this claim for a lack of prosecution is \nhereby granted, without prejudice, pursuant to Ark. Code Ann. §11-9-702 \nand  Commission  Rule  099.13,  to  the  refiling  of  it  within  the  limitation \nperiod specified by law.  \n \nORDER \nIn accordance with the findings set forth above, this claim is hereby dismissed pursuant to \nArk.  Code  Ann.  §11-9-702  and  Arkansas Workers’  Compensation  Commission  Rule  099.13, \nwithout prejudice, to the refiling of it, within the limitation period specified by law.  \nIT IS SO ORDERED. \n \n  \n                              _______________________________ \n               HON. CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H205173 MABLE J. BEALER, EMPLOYEE CLAIMANT BRIDGE 2 SUCCESS, EMPLOYER RESPONDENT CHURCH MUTUAL INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT ESIS, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED OCTOBER 24, 2023 Hearing held before Administrativ...","fetched_at":"2026-05-19T23:01:53.638Z","links":{"html":"/opinions/alj-H205173-2023-10-24","pdf":"https://labor.arkansas.gov/wp-content/uploads//Bealer_Mable_H205173_20231024.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}