{"id":"alj-H206879-2024-09-12","awcc_number":"H206879","decision_date":"2024-09-12","opinion_type":"alj","claimant_name":"Carolyn Macon","employer_name":"Georgia Pacific, LLC","title":"MACON VS. GEORGIA PACIFIC, LLC. AWCC# H206879 September 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MACON_CAROLYN_H206879_20240912.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MACON_CAROLYN_H206879_20240912.pdf","text_length":3002,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H206879 \n \nCAROLYN W. MACON, EMPLOYEE                 CLAIMANT \n \nGEORGIA PACIFIC, LLC., EMPLOYER           RESPONDENT \n \nOLD REPUBLIC INSURANCE CO./ESIS, INC. CARRIER/TPA       RESPONDENT \n  \n \n \nOPINION FILED 12 SEPTEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 4 September 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. Rick Behring, Newkirk & Jones, appeared on behalf of the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 4 September 2024. This case relates to an alleged workplace injury, \nsustained on or about 20 July 2022. The claimant filed a Form AR-C on 23 September 2022 \nalleging a right side injury from her lower back to toe. A First Report of Injury was filed on \n30 September 2022, and a Form AR-2 was filed on 5 October 2022 accepting the claim.  \n On 12 July 2024, the respondents requested a dismissal of this matter for failure to \nprosecute the claim, noting that nearly two years passed without a bona fide request for a \nhearing on a matter requiring adjudication. A letter from the Commission to the claimant \ncommunicating that motion’s filing was dated 16 July 2024, and another letter setting a \nhearing on the motion was dated 13 August 2024. Those letters provide notice that the \nclaimant was not required to appear if she did not object to the dismissal of the claim.  \n\nC. MACON- H206879 \n2 \n \nI noted at the hearing that mailings from the Commission to claimants are sent via \nboth First Class and Certified Mail with return receipts requested. Returned mail is \nregularly appended to the Commission’s file. This claim file includes only a return of one of \nthe Certified Mailings, indicating that it was unclaimed. The First Class letters were not \nreturned as undeliverable. \nThe respondents appeared on 4 September 2024, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of their \nmotion. And the claimant did not appear to resist the dismissal of this claim. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H206879 CAROLYN W. MACON, EMPLOYEE CLAIMANT GEORGIA PACIFIC, LLC., EMPLOYER RESPONDENT OLD REPUBLIC INSURANCE CO./ESIS, INC. CARRIER/TPA RESPONDENT OPINION FILED 12 SEPTEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrati...","fetched_at":"2026-05-19T22:48:54.993Z","links":{"html":"/opinions/alj-H206879-2024-09-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/MACON_CAROLYN_H206879_20240912.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}