{"id":"alj-H206824-2024-05-30","awcc_number":"H206824","decision_date":"2024-05-30","opinion_type":"alj","claimant_name":"Mallory Morrow","employer_name":"Baptist Memorial Crittenden","title":"MORROW VS. BAPTIST MEMORIAL CRITTENDEN AWCC# H206824 MAY 30, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Morrow_Mallory_H206824_20240530.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Morrow_Mallory_H206824_20240530.pdf","text_length":6335,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H206824 \n \nMALLORY MORROW, \nEMPLOYEE                                                                                                              CLAIMANT \n \nBAPTIST MEMORIAL CRITTENDEN, \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nBRENTWOOD SERVICES ADMINISTRATORS, INC., \nTHIRD-PARTY ADMINISTRATOR                                                                RESPONDENT \n \n \nOPINION FILED MAY 30, 2024 \n \nHearing conducted on Wednesday, May 3,  2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Steven Porch, in Forrest City, \nSt. Francis County, Arkansas. \n \nThe Claimant, Ms. Mallory K. Morrow, pro se, of Wynne, Arkansas, did not appear in person at \nthe hearing.  \n \nThe Respondents were represented by the Honorable Jacob Swatley of Memphis, Tennessee. \n \n \nBACKGROUND \n \n  This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  by  Respondents.  A \nhearing was conducted on May 3, 2024, in Forrest City, Arkansas. No testimony was taken in the \ncase. Claimant, who according to Commission records is pro se, failed to appear at the hearing. \nThe  Claimant  worked  for  the  Respondent/Employer  as  a registered  nurse. The  Claimant \nallegedly contracted COVID-19 while working in the emergency room for Respondent/Employer \non October  17,  2020. She reported  this  injury  to  Respondent/Employer  on October 3,  2022. \nAdmitted  into  evidence  was  Commission  Exhibit  1,  correspondence,  and  Certified  U.S.  Mail \nreturn  receipts,  consisting  of nine pages. I  have  also  blue-backed Form  AR-1,  Form  AR-2, and \nForm AR-C, as discussed infra. \n \n\nMORROW, AWCC No. H206824 \n \n2 \n \n \nThe record reflects on September 21, 2022, a Form AR-C was filed with the Commission. \nOn October 4, 2022,  a  Form  AR-1  was  filed  in  this  case,  reflecting  that  Claimant  purportedly \ncontracted  COVID-19  while  working  in  the  emergency  room  for  the  Respondent/Employer  on \nOctober 17, 2020. Respondents on October 4, 2022, filed a Form AR-2, representing that Claimant \ndid not contract COVID-19 during the course and scope of her employment. Attorney J. Matthew \nKirby entered his appearance for Respondents, via letter, on October 11, 2022. That entry letter \nfurther stated that Respondent/Employer did not receive timely notice of alleged injury.  \nOn February 14, 2023, the Claimant requested a hearing via email. Both parties agreed to \nmediation  by  conference  call  on  March  8,  2023, but did  not  reach  a  resolution. Respondents’ \ncounsel then filed a Motion to Dismiss on February 26, 2024, requesting this claim be dismissed \nfor a lack of prosecution. The Claimant was sent a certified notice of the Motion to Dismiss to her \nlast known address of record on March 4, 2024. The certified notice was unclaimed.  The same \nnotice  was  also  sent  regular  First-Class  mail  on  the  same  day  and  was likewise returned  to  the \nCommission. Thus, in accordance with applicable Arkansas law, the Claimant was mailed due and \nproper legal notice of the Motion to Dismiss hearing at her current address of record via the United \nStates Postal Service (USPS), First Class Certified Mail, Return Receipt Requested, and regular \nFirst-Class  Mail.  The  certified hearing notice was unclaimed  by the Claimant;  and  the  hearing \nnotice sent regular First-Class Mail was return to the Commission. The hearing took place on May \n3, 2024. As mentioned before, the Claimant did not show up to the hearing. \n \n \n \n\nMORROW, AWCC No. H206824 \n \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and the \nevidentiary record, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant and  Respondents  both  had  reasonable  notice of  the May 3,  2024, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \n Consistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith  proper  notice, on  the Respondents’ Motion  to Dismiss. Commission  Exhibit  1  provides \nmultiple Certified U.S. Mail Return Receipts. Neither receipt was claimed by the Claimant; and \nall notices sent to Claimant’s last known address via regular First-Class mail were returned to the \nCommission. It is the responsibility of the Claimant to provide the Commission with her proper \naddress along  with  any  updates  thereafter. I  find  the  Claimant  did  not  provide  the  Commission \nwith an updated address. Thus, I find by the preponderance of the evidence, based on my review \nof the Commission’s file, that reasonable notice was given to the Claimant.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction  pending  before  it  due  to  a  want  of  prosecution.  The  Claimant and  Respondents  entered \nmediation  on  March  8,  2023,  with  no  resolution. Since  then,  Claimant has  taken  no  action  in \n\nMORROW, AWCC No. H206824 \n \n4 \n \nfurtherance of the prosecution of this claim. The Claimant has failed to provide the Commission \nwith an updated address. Therefore, I do find by the preponderance of the evidence that Claimant \nhas  failed  to  prosecute  her claim. And  as  a  result, Respondents’ Motion to Dismiss should be \ngranted. \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is granted and this claim is hereby dismissed without prejudice. \n \n      IT IS SO ORDERED.  \n \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H206824 MALLORY MORROW, EMPLOYEE CLAIMANT BAPTIST MEMORIAL CRITTENDEN, SELF-INSURED EMPLOYER RESPONDENT BRENTWOOD SERVICES ADMINISTRATORS, INC., THIRD-PARTY ADMINISTRATOR RESPONDENT OPINION FILED MAY 30, 2024 Hearing conducted on Wednesday, May 3, 2024, befor...","fetched_at":"2026-05-19T22:54:56.143Z","links":{"html":"/opinions/alj-H206824-2024-05-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Morrow_Mallory_H206824_20240530.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}