{"id":"alj-H205447-2024-09-25","awcc_number":"H205447","decision_date":"2024-09-25","opinion_type":"alj","claimant_name":"Sarah Long","employer_name":"Southeast Arkansas Education Service Cooperative","title":"LONG VS. SOUTHEAST ARKANSAS EDUCATION SERVICE COOPERATIVE AWCC# H205447 September 25, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/LONG_SARAH_H205447_20240925.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LONG_SARAH_H205447_20240925.pdf","text_length":6758,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H205447 \n \n \n \n \nSARAH E. LONG,  \nEMPLOYEE                                                                                                              CLAIMANT \n \n \nSOUTHEAST ARKANSAS EDUCATION \nSERVICE COOPERATIVE,  \nEMPLOYER                                                                                                         RESPONDENT  \n \n \nARKANSAS SCHOOL BOARDS ASS’N \nWORKERS’ COMPENSATION TRUST/ \nARK. SCHOOL BOARDS ASS’N \nCARRIER/TPA                                                                                                    RESPONDENT        \n             \n \n                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED SEPTEMBER 25, 2024 \n \nHearing conducted on Wednesday, September 25, 2024, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Ms. Sarah E. Long, pro se, of McGehee, Desha County, Arkansas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable Carol Lockard Worley, Worley, Wood & \nParrish, Little Rock, Pulaski County, Arkansas.  \n \n \n \nSTATEMENT OF THE CASE \n \n          A  hearing was  conducted  on Wednesday,  September  25,  2024,  to  determine  whether  this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2024) Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n\nSarah E. Long, AWCC No. H205447 \n2 \n \n        On June 10, 2024, the respondents filed with the Commission a motion to dismiss this claim \nwithout prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, \nby letter filed with the Commission on June 26, 2024, the claimant objected to the respondents’ \nMTD, and she requested a “hearing on the merits”; however, she did not state what specific issues, \nif any, she believed were necessary and/or ripe for litigation. (Respondents’ Exhibit 10-16).  \n          After receiving the claimant’s objection/hearing request letter, the respondents filed a letter \nwith the Commission on July 12, 2024, advising the ALJ that: they had fully accepted this claim; \nhad paid all appropriate medical and indemnity benefits, including but not limited to permanent \npartial disability (PPD) benefits consistent with Dr. Wayne L. Bruffett’s ten percent (10 percent) \npermanent  anatomical  impairment  rating;  the  claimant  had  returned  to  full  duty  work  with  no \nrestrictions;  and  requesting  the  ALJ  not  set  this  matter  for  a  full  hearing  until  the  claimant  had \nadvised both the Commission and the respondents what specific issue(s) she believed were ripe \nfor determination and/or litigation. (RX1).   \n          Consequently, the ALJ’s office mailed the prehearing questionnaire documents to both the \nclaimant  and  the  respondents.  When  the  claimant  failed  and/or  refused  to  return  the  prehearing \nquestionnaire  documents  to  the  Commission,  thereby  advising  both  the  Commission  and  the \nrespondents  what  specific  issue(s)  she  intended  to  litigate,  the  ALJ  scheduled  a  hearing  on  the \nrespondents’ aforementioned MTD. Pursuant to the applicable law the claimant was provided due \nand legal notice of both the respondents’ MTD, as well as notice of the subject hearing to her last \nknown of  address on record with the Commission via the  United States Postal Service (USPS), \nCertified Mail, Return Receipt Requested. Thereafter, the claimant failed and/or refused to object \nand/or respond to the respondents’ MTD or to the Commission’s hearing notice in any way. \nMoreover, the claimant failed and/or refused to appear at the subject hearing. (RX1 at 10-23).  \n\nSarah E. Long, AWCC No. H205447 \n3 \n \n        The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \n \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office,  87  Ark.  App.  379,  192 \nS.W.3d  287  (Ark.  App.  2004),  the Commission  scheduled  and  conducted  a  hearing  on the \nrespondents’ MTD. Rather  than  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has failed and/or refused to prosecute her claim at this time. \n        Therefore, after a thorough consideration of the applicable law as applied to the facts of this \nclaim, the issues, and other relevant matters of record, as well as the representations of credible \ncounsel 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 received due and legal notice of the respondents’ motion to dismiss without \nprejudice filed with  the  Commission  on June  10,  2024, and,  thereafter,  the  prehearing \nquestionnaire  and related documents, as well  as notice of the subject hearing date, time, \nand  place, the  claimant failed  and/or  refused to  respond  to  the prehearing  questionnaire \ndocuments  in  any  way,  and she  failed  and/or  refused  to  appear at  the subject hearing. \nTherefore, she is deemed to have waived her right to a hearing on the respondents’ motion \nherein.  \n \n3. The preponderance  of  the  evidence  compels the  decision that the respondents’ subject \nmotion  to  dismiss  without  prejudice  filed June  10,  2024,  should  be  and  hereby  is \nGRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant \nto  the  deadlines  prescribed by Ark.  Code  Ann. Section  11-9-702(a) and  (b),  and \nCommission Rule 099.13. \n \n\nSarah E. Long, AWCC No. H205447 \n4 \n \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                                                                          Administrative Law Judge \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 \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nSarah E. Long, AWCC No. H205447 \n5 \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":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205447 SARAH E. LONG, EMPLOYEE CLAIMANT SOUTHEAST ARKANSAS EDUCATION SERVICE COOPERATIVE, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASS’N WORKERS’ COMPENSATION TRUST/ ARK. SCHOOL BOARDS ASS’N CARRIER/TPA RESPONDENT","fetched_at":"2026-05-19T22:49:26.575Z","links":{"html":"/opinions/alj-H205447-2024-09-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/LONG_SARAH_H205447_20240925.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}