{"id":"alj-H206640-2023-05-17","awcc_number":"H206640","decision_date":"2023-05-17","opinion_type":"alj","claimant_name":"Latrelle Thompson","employer_name":"Wr Community Services","title":"THOMPSON VS. WR COMMUNITY SERVICES AWCC# H206640 MAY 17, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:4"],"injury_keywords":["shoulder","wrist"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/THOMPSON_LATRELLE_H206640_20230517.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"THOMPSON_LATRELLE_H206640_20230517.pdf","text_length":4985,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H206640 \n \nLATRELLE THOMPSON, EMPLOYEE  CLAIMANT \n \nWR COMMUNITY SERVICES, \nEMPLOYER                                                                                                RESPONDENT  \n \nLUBA CASUALTY INSURANCE COMPANY, \nINSURANCE CARRIER/TPA                                   RESPONDENT  \n \n \nOPINION FILED MAY 17, 2023 \n \nHearing before Administrative Law Judge Steven Porch on May 11, 2023, in Pine Bluff, \nPulaski County, Arkansas. \n \nClaimant, pro se. \n \nRespondents  were  represented  by  Mr.  Jarrod  S.  Parrish,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \nI.  BACKGROUND \n This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  filed  by \nRespondents.  A hearing on the motion was conducted on May 11, 2023, in Pine Bluff, \nArkansas.  Claimant, who is pro se, did not appear for the hearing.  Respondents were \nrepresented  at  the  hearing  by  Mr.  Jarrod  S.  Parrish,  Attorney  at  Law,  of  Little  Rock, \nArkansas.      In   addition   to   Respondent’s argument,   the   record   consists   of   the \nCommission’s  file–which  has  been  incorporated  herein  in  its  entirety  by  reference  and \nCommission Exhibit 1. \n The evidence reflects that Claimant’s injury occurred on August 18, 2022, where \nshe purportedly injured her right shoulder, arm, wrist, and other whole body.  This incident \noccurred  when  Claimant  was  helping  a  patient  during  the  course  and  scope  of \nemployment.  Claimant  was  able  to  secure  legal  counsel  to  represent  her  on this  claim \n\nTHOMPSON – H206640 \n \n \n2 \nthrough Mark Alan Peoples. However, Attorney Mark Alan Peoples withdrew as attorney \nof  record  effective  November  1,  2022.  Since  then, this  case  has  been  inactive  until \nRespondents filed a Motion to Dismiss due to the lack of prosecution. A hearing was set \nfor May  11,  2023,  in  Pine  Bluff,  Arkansas  on  the  Motion  to  Dismiss.  The  hearing  took \nplace as scheduled and as previously stated the Claimant did not appear for the hearing. \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After  reviewing  the  record  as  a  whole  and  other  matters  properly  before  the \nCommission, and having had an opportunity to hear the sworn testimony of the Claimant, \nI  hereby  make  the following findings of fact and  conclusions  of  law  in accordance  with \nArk. Code Ann. § 11-9-704 (Repl. 2012): \n1. The  Arkansas  Workers’  Compensation  Commission  has  jurisdiction  over  this \nclaim. \n2. All parties received reasonable and timely notice of the Motion to Dismiss and the \nhearing thereon pursuant to AWCC R. 099.13. \n3. Respondents  did  prove  by  a  preponderance  of  the  evidence  that  Claimant has \nfailed to prosecute her claim under AWCC R. 099.13. \n4. The Motion to Dismiss should be, and hereby is, granted. \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an \naction  pending  before  the  Commission,  requesting  that  the  claim  be \ndismissed for want of prosecution, the Commission may, upon reasonable \nnotice  to  all  parties,  enter  an  order  dismissing  the  claim  for  want  of \nprosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \n\nTHOMPSON – H206640 \n \n \n3 \nUnder  Ark.  Code  Ann.  §  11-9-705(a)(3)  (Repl.  2012),  Respondents  must  prove  by  a \npreponderance  of  the  evidence  that  dismissal  should  be  granted.  The  standard \n“preponderance of the evidence” means the evidence having greater weight or convincing \nforce.  Barre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415; Smith v. Magnet Cove Barium \nCorp., 212 Ark. 491, 206 S.W.2d 442 (1947). \n A claimant’s testimony is never considered uncontroverted.  Nix v. Wilson World \nHotel,  46  Ark.  App.  303,  879  S.W.2d  457  (1994).  The  determination  of  a  witness’ \ncredibility and how much weight to accord to that person’s testimony are solely up to the \nCommission. White v. Gregg Agricultural Ent., 72 Ark. App. 309, 37 S.W.3d 649 (2001).  \nThe Commission must sort through conflicting evidence and determine the true facts.  Id.  \nIn so doing, the Commission is not required to believe the testimony of the claimant or \nany other witness, but may accept and translate into findings of fact only those portions \nof the testimony that it deems worthy of belief.  Id. \n After consideration of all the evidence, I find that Claimant and Respondents were \ngiven reasonable notice of the Motion to Dismiss hearing under Rule 13. I further find that \nClaimant has abridged this rule. Thus I find Respondent’s Motion to Dismiss should be \ngranted. \nCONCLUSION \n Based on the findings of fact and conclusions of law set forth above, Respondents’ \nMotion to Dismiss is hereby granted without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206640 LATRELLE THOMPSON, EMPLOYEE CLAIMANT WR COMMUNITY SERVICES, EMPLOYER RESPONDENT LUBA CASUALTY INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED MAY 17, 2023 Hearing before Administrative Law Judge Steven Porch on May 11, 2023, in Pin...","fetched_at":"2026-05-19T23:07:43.095Z","links":{"html":"/opinions/alj-H206640-2023-05-17","pdf":"https://labor.arkansas.gov/wp-content/uploads/THOMPSON_LATRELLE_H206640_20230517.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}