{"id":"alj-H207274-2023-09-22","awcc_number":"H207274","decision_date":"2023-09-22","opinion_type":"alj","claimant_name":"Carolyn Norris","employer_name":null,"title":"NORRIS VS.KAGOME INC. AWCC# H207274 SEPTEMBER 25, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:4"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Norris_Carolyn_H207274_20230922.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Norris_Carolyn_H207274_20230922.pdf","text_length":5034,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H207274 \n \nCAROLYN NORRIS, EMPLOYEE  CLAIMANT \n \nKAGOME INC., \nEMPLOYER                                                                                                RESPONDENT \n \nSOMPO AMERICA FIRE AND MARINE \nINSURANCE COMPANY/TPA                                                                          RESPONDENT  \n \n \nOPINION FILED SEPTEMBER 25, 2023 \n \nHearing  before  Administrative  Law  Judge  Steven  Porch on September 22,  2023  in \nJonesboro, Craighead County, Arkansas. \n \nClaimant  was  represented  by  Ms.  Laura  Beth  York,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \nThe Respondents were represented by Mr. David C. Jones, Attorney at Law, Little Rock, \nArkansas. \n \nI.  BACKGROUND \n This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  filed  by \nRespondents.    A  hearing  on  the  motion  was  conducted  on  September 22,  2023,  in \nJonesboro, Arkansas.  Claimant, was represented by Ms. Laura Beth York, Attorney at \nLaw.   However,   Claimant   herself   nor   her   attorney   were   present   at   the   hearing. \nRespondents were represented at the hearing by Mr. David C. Jones, Attorney at Law, of \nLittle Rock, Arkansas.  In addition to Respondent’s argument, the record consists of all \nexhibits properly admitted before the Commission including the Commission’s file–which \nhas been incorporated herein in its entirety by reference. \n The evidence reflects that Claimant’s injury occurred on September 9, 2022, where \nshe purportedly injured her low back, right elbow, and other whole body when she slipped \non an oily substance on the floor. This incident allegedly occurred during the course and \n\nNORRIS H207274 \n \n \n2 \nscope of her employment. Since filing her Form C on December 13, 2022,  this case has \nbeen inactive until Respondents filed a Motion to Dismiss due to the lack of prosecution. \nA  hearing  was  held on  September 22,  2023,  in  Jonesboro,  Arkansas  on  the  Motion  to \nDismiss.  As  previously  stated,  neither  the  Claimant’s  attorney nor  the  Claimant  was \npresent for the hearing. The Claimant’s attorney waived her appearance. \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After  reviewing  the  record  as  a  whole  and  other  matters  properly  before  the \nCommission,  I  hereby  make  the  following  findings  of  fact  and  conclusions  of  law  in \naccordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n1. The  Arkansas  Workers’  Compensation  Commission  has  jurisdiction  over  this \nclaim. \n2. All parties received reasonable and timely notice of the Motion to Dismiss and the \nhearing thereon pursuant to AWCC R. 099.13. \n3. Respondents  did  prove  by  a  preponderance  of  the  evidence  that  Claimant has \nfailed to prosecute his claim under AWCC R. 099.13. \n4. The Motion to Dismiss should be, and hereby is, granted without prejudice. \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an \naction  pending  before  the  Commission,  requesting  that  the  claim  be \ndismissed for want of prosecution, the Commission may, upon reasonable \nnotice  to  all  parties,  enter  an  order  dismissing  the  claim  for  want  of \nprosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \n\nNORRIS H207274 \n \n \n3 \nUnder  Ark.  Code  Ann.  §  11-9-705(a)(3)  (Repl.  2012),  Respondents  must  prove  by  a \npreponderance  of  the  evidence  that  dismissal  should  be  granted.  The  standard \n“preponderance of the evidence” means the evidence having greater weight or convincing \nforce.  Barre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415; Smith v. Magnet Cove Barium \nCorp., 212 Ark. 491, 206 S.W.2d 442 (1947). \n A claimant’s testimony is never considered uncontroverted.  Nix v. Wilson World \nHotel,  46  Ark.  App.  303,  879  S.W.2d  457  (1994).  The  determination  of  a  witness’ \ncredibility and how much weight to accord to that person’s testimony are solely up to the \nCommission. White v. Gregg Agricultural Ent., 72 Ark. App. 309, 37 S.W.3d 649 (2001).  \nThe Commission must sort through conflicting evidence and determine the true facts.  Id.  \nIn so doing, the Commission is not required to believe the testimony of the claimant or \nany other witness, but may accept and translate into findings of fact only those portions \nof the testimony that it deems worthy of belief.  Id. \n After consideration of all the evidence, I find that Claimant and Respondents were \ngiven reasonable notice for the Motion to  Dismiss hearing under Rule 13. I further find \nthat Claimant has abridged this rule. Thus I find Respondent’s Motion to Dismiss should \nbe granted. \nCONCLUSION \n Based on the findings of fact and conclusions of law set forth above, Respondents’ \nMotion to Dismiss is hereby granted without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207274 CAROLYN NORRIS, EMPLOYEE CLAIMANT KAGOME INC., EMPLOYER RESPONDENT SOMPO AMERICA FIRE AND MARINE INSURANCE COMPANY/TPA RESPONDENT OPINION FILED SEPTEMBER 25, 2023 Hearing before Administrative Law Judge Steven Porch on September 22, 2023 in Jonesbor...","fetched_at":"2026-05-19T23:03:04.749Z","links":{"html":"/opinions/alj-H207274-2023-09-22","pdf":"https://labor.arkansas.gov/wp-content/uploads/Norris_Carolyn_H207274_20230922.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}