{"id":"alj-H207262-2023-07-19","awcc_number":"H207262","decision_date":"2023-07-19","opinion_type":"alj","claimant_name":"Marilyn Compton","employer_name":"St. Vincent Medical Center North","title":"COMPTON VS. ST. VINCENT MEDICAL CENTER NORTH AWCC# H207262 JULY 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//COMPTON_MARILYN_H207262_20230719.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"COMPTON_MARILYN_H207262_20230719.pdf","text_length":5517,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. G907231 \nMARILYN COMPTON,  \nEMPLOYEE                                                                                              CLAIMANT \n \nST. VINCENT MEDICAL CENTER NORTH,  \nEMPLOYER                                                                                                         RESPONDENT \n            \nINDEMNITY INS. CO. OF NORTH AMERICA/                           \nSEDGWICK MANAGEMENT CLAIMS SERVICES, INC.,  \nINSURANCE CARRIER/TPA                                                                          RESPONDENT   \n \nOPINION AND ORDER OF DISMISSAL WITHOUT PREJUDICE \nFILED JULY 19, 2023 \nHearing before the Arkansas Workers’ Compensation Commission (AWCC), Administrative Law \nJudge (ALJ) Mike Pickens, on Tuesday, July 18, 2023, in Little Rock, Pulaski County, Arkansas. \nThe claimant was represented by the Honorable William C. “Bill” Frye, The Frye Law Firm, North \nLittle Rock, Pulaski County, Arkansas.  \nThe respondents were represented by the Honorable Jason Ryburn, The Ryburn Law Firm, Little \nRock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n  A  hearing  on  the  merits  of  the  above-captioned  claim  was  scheduled  in  this  matter  for \nTuesday, July 18, 2023, to determine whether the claimant had sustained a compensable “mental \ninjury” within the meaning of the Arkansas Workers’ Compensation Act (the Act). In conferring \nwith his client before the hearing, the claimant’s attorney determined he did not wish to proceed \nwith the scheduled hearing, and he made an oral motion on the record to voluntarily dismiss this \nclaim without prejudice. He also agreed to pay the court reporter’s invoice  associated  with  her \nappearance at and work related to the hearing. The respondents’ attorney objected to the claimant’s \nvoluntary motion to dismiss and stated his client would be prejudiced by the dismissal of this claim \nat this time. The respondents’ attorney further requested that, should the ALJ grant the claimant’s \n\nMarilyn Compton, AWCC No. G907231 \n \n2 \n \nmotion to dismiss, his client be awarded their attorney’s fees and costs incurred in preparing for \nand attending what was scheduled to be a full hearing on the merits of this claim.  \n           While the claimant’s attorney advised he did not wish to proceed to a hearing at this time \nand, therefore, requested this claim be dismissed without prejudice, he stated on the record that as \nof this time it was his and the claimant’s intention to file another Form AR-C with the Commission \nand to refile the claim at some point in the future if and when it was appropriate to do so. Therefore, \nagain, with his client’s full and informed consent the claimant’s attorney requested the ALJ grant \nthe claimant’s request to voluntarily dismiss her claim without prejudice at this time.   \n           The  record  herein  consists  of  the  hearing  transcript  and  any  and  all  exhibits  contained \ntherein and attached thereto, as well as the Commission’s entire file in this matter by reference. \nDISCUSSION \n While the subject July 18, 2023, hearing was scheduled to be a hearing on the merits of the \nclaim, the parties did make a record during which the claimant’s attorney made his motion to \ndismiss this claim without prejudice, and the respondents’ attorney stated his objection thereto, a \nhearing was held which is consistent with Ark. Code Ann. § 11-9-702(a)(4), 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). After a thorough consideration of the facts, issues, as well as the applicable \nlaw and other relevant matters of record, I hereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2.         I find the claimant’s motion to dismiss without prejudice made on the record on \n                  on July 18, 2023, should be and hereby is GRANTED for good cause shown; \n                  and this claim is dismissed without prejudice to its refiling pursuant the deadlines \n                  prescribed by Ark. Code Ann. § 11-9-702(a) and (b) (2023 Lexis Replacement).  \n    \n \n\nMarilyn Compton, AWCC No. G907231 \n \n3 \n \n     3.         The respondents’ attorney’s request for attorney’s fees and costs incurred in \n                 preparation for and appearance at the hearing is denied, as I find the \n                 respondents have not been nor will they be prejudiced by the claimant’s voluntary \n                 dismissal of the subject claim. \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 the \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n As agreed on the record at the hearing, the claimant’s attorney shall pay the court reporter’s \ninvoice within twenty (10) days of the filing of this opinion and order. \n           IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. G907231 MARILYN COMPTON, EMPLOYEE CLAIMANT ST. VINCENT MEDICAL CENTER NORTH, EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA/ SEDGWICK MANAGEMENT CLAIMS SERVICES, INC., INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER OF DISMISSAL WITHOUT PREJUDIC...","fetched_at":"2026-05-19T23:05:27.136Z","links":{"html":"/opinions/alj-H207262-2023-07-19","pdf":"https://labor.arkansas.gov/wp-content/uploads//COMPTON_MARILYN_H207262_20230719.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}