{"id":"alj-H206967-2024-03-28","awcc_number":"H206967","decision_date":"2024-03-28","opinion_type":"alj","claimant_name":"Engrid Harris","employer_name":"Biomat USA, Inc","title":"HARRIS VS. BIOMAT USA, INC. AWCC# H206967 MARCH 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_ENGRID_H206967_20240328.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARRIS_ENGRID_H206967_20240328.pdf","text_length":5820,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H206967 \n \nENGRID HARRIS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nBIOMAT USA, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nFARMINGTON CASUALTY CO./ \nTRAVELERS INDEMNITY CO. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED MARCH 28, 2024 \n \nHearing conducted on Tuesday, March 26, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Ms. Engrid Harris, pro se, of Little Rock, Pulaski County, Arkansas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable Guy Alton Wade, Friday, Eldredge & Clark, \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n  A hearing was conducted on Tuesday, March 26, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 \nLexis Replacement) and Commission Rule 099.13 (2023 Lexis Replacement). \n The respondents  filed  a letter motion to  dismiss without  prejudice (MTD) with  the \nCommission on November 3, 2023, requesting this claim be dismissed without prejudice for lack \nof prosecution. Consistent with the applicable Arkansas law, thereafter the Commission mailed a \ncopy of both the respondents’ MTD and the subject hearing notice to the claimant via the United \nStates Postal Service (USPS), Certified Mail, Return Receipt Requested, to her last known address \nof record with the Commission. (Commission Exhibit 1; Respondents’ Exhibit 1). Thereafter, the \n\nEngrid Harris, AWCC No. H206967 \n \n2 \n \nclaimant  failed  and/or  refused  to  respond  in  any  way  to  either  the  Commission  or to the \nrespondents; and  she  failed  and/or  refused to  appear  at  the  subject  hearing.  The  claimant  never \nobjected in any way to the respondents’ MTD.  \n           The  claimant  had  at  one  time  been  represented  by  counsel,  Ms.  Laura  Beth  York,  of  the \nRainwater, Holt & Sexton law firm. By letter dated and filed with the Commission on October 6, \n2023, the claimant’s attorney filed a letter motion to be relieved as the claimant’s counsel. The \nFull Commission granted the claimant’s attorney’s request to be relieved as counsel via an order \nfiled October 24, 2023. (RX1).  \n The  record  herein  consists  of the  hearing  transcript  and  any  and  all exhibits  contained \ntherein and attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark.  App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted  a hearing on the parties’ joint \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nclaimant has both failed and/or refused to prosecute her claim, and she has failed and/or refused to \nrequest a hearing within the last six (6) months. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of both the respondents’ letter  \n\nEngrid Harris, AWCC No. H206967 \n \n3 \n \n                 MTD filed with the Commission on November 3, 2023, as well as a copy of the \n                 notice for the subject hearing to the claimant’s last known address of record with \n                 the Commission, the claimant failed and/or refused to respond to the MTD in any \n                 way; or to object to the subject MTD; or to request a hearing.  \n \n            3.         Moreover, the claimant failed and/or refused to appear at the subject hearing and, \n                        therefore, has waived her right to a hearing on the MTD. \n \n      4.         The claimant has failed to request a hearing on the merits of her claim within the \n                   last six (6) months. \n \n 5. Therefore, the respondents’ letter MTD filed with the Commission on November \n                  3, 2023, should be and hereby is GRANTED. \n      \n      6.         This claim is dismissed without prejudice to its refiling pursuant to the deadlines \n                  prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission Rule 099.13. \n \n This opinion and order shall not be construed to  prohibit the claimant, her attorney, any \nattorney she may retain in the future, or anyone acting legally and on her behalf from refiling this \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n The  respondents shall pay the court reporter’s invoice within twenty  (20) days  of their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                  Administrative Law Judge \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H206967 ENGRID HARRIS, EMPLOYEE CLAIMANT BIOMAT USA, INC., EMPLOYER RESPONDENT FARMINGTON CASUALTY CO./ TRAVELERS INDEMNITY CO. INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED MARCH 28, 2024 Hearing conducted on Tuesday, March 26...","fetched_at":"2026-05-19T22:56:57.758Z","links":{"html":"/opinions/alj-H206967-2024-03-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/HARRIS_ENGRID_H206967_20240328.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}