{"id":"alj-H207267-2023-08-16","awcc_number":"H207267","decision_date":"2023-08-16","opinion_type":"alj","claimant_name":"Cecily Williams","employer_name":"Custom Craft Poultry, LLC","title":"WILLIAMS VS. CUSTOM CRAFT POULTRY, LLC AWCC# H207267 AUGUST 16, 2023","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_CECILY_H207267_20230816.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILLIAMS_CECILY_H207267_20230816.pdf","text_length":5156,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H207267 \n \nCECILY WILLIAMS, \nEMPLOYEE CLAIMANT \n \nCUSTOM CRAFT POULTRY, LLC, \nEMPLOYER RESPONDENT \n \nOHIO SECURITY INS. CO./ \nLIBERTY MUTUAL GROUP \nINSURANCE CARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED AUGUST 16, 2023 \n \nHearing conducted on Tuesday, August 14, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Ms. Cecily Williams, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Jason Ryburn, Ryburn Law Firm, Little \nRock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, August 14, 2023, 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 motion to dismiss (MTD) without prejudice with the Commission \non or about June 5, 2023, requesting this claim be dismissed without prejudice for lack of \nprosecution. Consistent with the applicable Arkansas law, the Commission mailed a copy of both \nthe respondents’ motion to dismiss and the subject hearing notice via the United States Postal \nService (USPS), Certified Mail, Return Receipt Requested by letter dated July 14, 2023, to her last \nknown address of record with the Commission. Thereafter, the claimant failed and/or refused to \n\nCecily Williams, AWCC No.: H207267 \n \n2 \n \nrespond in any way to either the Commission or the respondents; and she failed and/or refused to \nappear at the subject hearing. The claimant never objected in any way to the respondents’ MTD. \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. \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, nor has she requested a hearing \nwithin 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 the respondents’ MTD filed \n June 5, 2023, to her last known address of record with the Commission, the claimant \n failed and/or refused to object to the subject MTD; to request a hearing; or to \n respond to the motion in any way. \n \n 3. Moreover, the claimant failed and/or refused to appear at \n the subject hearing and, therefore, has waived her right to a hearing. \n \n 4. Therefore, the respondents’ MTD without prejudice filed June 5, 2023, should be \n and hereby is GRANTED. \n \n 5. Consequently, this claim is dismissed without prejudice to its refiling pursuant to \n the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n\nCecily Williams, AWCC No.: H207267 \n \n3 \n \n 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 ten (10) days of their receipt \nthereof. \n IT IS SO ORDERED. \n ______________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207267 CECILY WILLIAMS, EMPLOYEE CLAIMANT CUSTOM CRAFT POULTRY, LLC, EMPLOYER RESPONDENT OHIO SECURITY INS. CO./ LIBERTY MUTUAL GROUP INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED AUGUST 16, 2023 Hearing conducted on...","fetched_at":"2026-05-19T23:04:01.311Z","links":{"html":"/opinions/alj-H207267-2023-08-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/WILLIAMS_CECILY_H207267_20230816.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}