{"id":"alj-H207279-2025-03-31","awcc_number":"H207279","decision_date":"2025-03-31","opinion_type":"alj","claimant_name":"Betty Horton","employer_name":"Penske Truck Leasing Co., Lp","title":"HORTON VS. PENSKE TRUCK LEASING CO., LP AWCC# H207279 March 31, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:3"],"injury_keywords":["shoulder","knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Horton_Betty_H207279_20250331.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Horton_Betty_H207279_20250331.pdf","text_length":6925,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H207279 \n \nBETTY L. HORTON, \nEMPLOYEE                                                                                                              CLAIMANT \n \nPENSKE TRUCK LEASING CO., LP, \nEMPLOYER                                                                                                         RESPONDENT  \n \nGALLAGHER BASSETT SERVICES, INC., \nTHIRD PARTY ADMINISTRATOR                                                                RESPONDENT \n \n \nOPINION FILED MARCH 31, 2025 \n \nHearing conducted on Wednesday, March 12, 2025, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Ms. Betty L. Horton, Pro Se, of White Hall, Arkansas, did not appear in person at \nthe hearing.  \n \nThe Respondents were represented by the Honorable Melissa Wood, Little Rock, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents.  \nA hearing on the motion was conducted on March 12, 2025, in Little Rock, Arkansas.  Claimant, \naccording to Commission file is Pro Se, failed to appear at the hearing.  \nThe  Claimant  worked  for  the  Respondent/Employer  as  a  hiker/driver.  The  date  for \nClaimant’s alleged injury was on July 30, 2022. She reported her injury to Respondent/Employer \non  September  26,  2022.  Respondents  admitted  Respondents’  Exhibit  1, pleadings   and \ncorrespondence, consisting of 18 pages, Commission Exhibit 1, correspondence and certified mail \nreceipts,  consisting  of  8  pages.  Also  admitted  into  evidence  was  a  blue-backed  Form  AR-1, as \ndiscussed infra. \n\nHORTON, AWCC No. H207279 \n \n2 \n \nThe  record  reflects  on July 10,  2024,  a  Form  AR-C  was  filed  with  the  Commission by \nClaimant’s then-attorney,  Rainwater,  Holt  &  Sexton, purporting  that  Claimant injured  her  right \nshoulder, left knee, and other whole body. On August 11, 2023, Claimant’s attorney filed another \nForm AR-C that contained no material changes from the original filing. On October 10, 2022, a \nForm  AR-1 was filed with the Commission purporting that Claimant’s date of disability was \nSeptember  26, 2022.  On October  12,  2022,  a  Form  AR-2  was  filed  by  Respondents neither \naccepting nor denying compensability. On August 28, 2023, Carol Worley, entered her appearance \nas attorney of record for the Respondents. Claimants counsel, Laura Beth York of Rainwater, Holt, \nand  Sexton,  filed  a  Motion  to  Withdraw as  Claimant’s  Counsel  on  October  17,  2024. The \nCommission entered an Order granting that motion on October 30, 2024. \nThe Respondents filed a Motion to Dismiss on November 12, 2024, requesting this claim \nbe  dismissed  for a lack  of  prosecution. The  Claimant  was  sent,  certified  and  regular  U.S.  Mail, \nnotice of the Motion to Dismiss from my office on November 18, 2024, to her last known address. \nThe Claimant responded to the motion by requesting a hearing, in writing, on December 5, 2024. \nConsidering the hearing request, I decided, on December 12, 2024, to hold the motion in abeyance. \nPre-hearing questionnaires were sent out December 13, 2024.  \nOn January 8, 2025, Claimant sent an email to the Commission stating that she has decided \nto drop her claim since she was not able to retain legal counsel. As a result, I reinstituted the Motion \nto Dismiss and sent out the notice letter certified and regular U.S. Mail on January 13, 2025. The \ncertified  motion  notice  was  unclaimed  by  Claimant  as  noted  on  the January 29,  2025,  return \nreceipt. The Claimant did not respond to the Motion, in writing, as required. Thus, in accordance \nwith  applicable  Arkansas  law,  the  Claimant  was  mailed  due  and  proper  legal  notice  of \nRespondents’ Motion to Dismiss hearing date at her current address of record via the United States \n\nHORTON, AWCC No. H207279 \n \n3 \n \nPostal  Service  (USPS), First  Class  Certified  Mail,  Return  Receipt  Requested,  and  regular  First-\nClass Mail, on February 5, 2025. The certified notice was claimed on February 21, 2025, according \nto the return  receipt dated February 21, 2025. Thus, the hearing took place on March 12, 2025. \nAnd as mentioned before, the Claimant did not show up to the hearing. \n \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole and other matters properly before the Commission, \nI hereby make the following findings of fact and conclusions of law in accordance with Ark. Code \nAnn. § 11-9-704 (Repl. 2012):  \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had reasonable notice of the March 12, 2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute her claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \n \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an  action \npending before the Commission, requesting that the claim be dismissed for want of \nprosecution, the Commission may, upon reasonable notice to all parties, enter an \norder dismissing the claim for want of prosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \n\nHORTON, AWCC No. H207279 \n \n4 \n \nConsistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith reasonable notice, on the Respondents’ Motion to Dismiss. The certified hearing notice sent \nto the Claimant’s address of record was claimed on  February  21,  2025.  Thus,  I  find  by  the \npreponderance of the evidence that reasonable notice was given to both parties.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant has not taken any action to \nprosecute her claim since her counsel of record, Ms. York, withdrew from her case on October 30, \n2024. The Claimant followed up this inaction with an email sent on January 8, 2025, stating she \nhas decided to drop her claim since she cannot retain legal counsel. Based on her email, she has \nno desire to prosecute this claim, and so far, has not. Therefore, I do find by the preponderance of \nthe  evidence  that  Claimant  has  failed  to  prosecute  her claim. Thus, Respondents’ Motion to \nDismiss should be granted. \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted, and Claimant’s claim is dismissed without prejudice. \n IT IS SO ORDERED. \n      _____________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H207279 BETTY L. HORTON, EMPLOYEE CLAIMANT PENSKE TRUCK LEASING CO., LP, EMPLOYER RESPONDENT GALLAGHER BASSETT SERVICES, INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED MARCH 31, 2025 Hearing conducted on Wednesday, March 12, 2025, before the Arkansa...","fetched_at":"2026-05-19T22:43:12.548Z","links":{"html":"/opinions/alj-H207279-2025-03-31","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Horton_Betty_H207279_20250331.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}