{"id":"alj-H207488-2023-11-02","awcc_number":"H207488","decision_date":"2023-11-02","opinion_type":"alj","claimant_name":"Jesse Boothe","employer_name":"South Ark. Oil Co., Inc","title":"BOOTHE VS. SOUTH ARK. OIL CO., INC. AWCC# H207488 NOVEMBER 2, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BOOTHE_JESSE_H207488_20231102.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BOOTHE_JESSE_H207488_20231102.pdf","text_length":5302,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H207488 \n \nJESSE E. BOOTHE, \nEMPLOYEE CLAIMANT \n \nSOUTH ARK. OIL CO., INC., \nEMPLOYER RESPONDENT \n \nEMPLOYERS PREFERRED INS. CO./ \nEMPLOYERS PREFERRED INS. CO., \nINSURANCE CARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER FILED NOVEMBER 2, 2023, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \nHearing conducted on Wednesday, November 1, 2023, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Ms. Jesse E. Boothe, pro se, of Magnolia, Columbia County, Arkansas, did not \nappear at the hearing. \n \nThe respondents were represented by the Honorable James A. Arnold II, of Ledbetter, Cogbill, \nArnold, Harrison, LLP, Fort Smith, Sebastian County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, November 1, 2023, to determine whether this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2023 Lexis Replacement) and Commission Rule 099.13 (2023 Lexis Repl.). \n The respondents filed a motion to dismiss with the Commission on September 5, 2023, \nrequesting this claim be dismissed without prejudice for lack of prosecution. In accordance with \napplicable Arkansas law, the claimant was mailed due and proper legal notice of the respondents’ \nmotion to dismiss, as well as a copy of the hearing notice at her addresses of record via the United \nStates Postal Service (USPS), First Class Certified Mail, Return Receipt requested. Thereafter, the \nclaimant never responded to the subject motion to dismiss; she did not request a hearing, or contact \n\nJesse E. Boothe, AWCC No. H207488 \n2 \n \nand/or try to contact the Commission by any means of communication; nor did she appear or cause \nanyone to appear on her behalf at the subject hearing. \n The record herein consists of the hearing transcript and any and all exhibits contained \ntherein and/or 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), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan recite a detailed analysis of the record, suffice it to say the preponderance of the evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute her claim as required by the applicable statute and Commission rule. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, \nrepresentations of the respondents’ highly credible counsel, and other relevant matters of record, I \nhereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having received due and legal notice of the respondents’ motion to \n dismiss as well as due and legal notice of the subject hearing, the claimant \n neither responded to the motion in any way whatsoever, nor did she cause \n anyone to respond to the subject motion on her behalf. In addition, the \n claimant did not appear at the hearing, nor did she cause anyone to appear \n at the hearing on her behalf. Therefore, she has waived her right to a hearing \n on the respondents’ motion to dismiss. \n \n3. Moreover, the claimant has failed to prosecute her claim in any way \n whatsoever, as to date she has neither requested a hearing nor has \n she taken any action(s) whatsoever to pursue and/or to prosecute her claim. \n \n4. Therefore, the respondents’ motion to dismiss without prejudice filed with \n \n\nJesse E. Boothe, AWCC No. H207488 \n3 \n \n the Commission on September 5, 2023, should be and hereby is GRANTED \n pursuant to both Ark. Code Ann. Section 11-9-702(a)(4) and Commission Rule \n 099.13 \n \n Nothing in this opinion and order shall prevent or be construed to prevent the claimant or \nanyone acting with her authority and on her behalf from re-filing this claim so long as it is re-filed \nwithin the applicable deadlines specifically set forth in the Act. \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 \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. H207488 JESSE E. BOOTHE, EMPLOYEE CLAIMANT SOUTH ARK. OIL CO., INC., EMPLOYER RESPONDENT EMPLOYERS PREFERRED INS. CO./ EMPLOYERS PREFERRED INS. CO., INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED NOVEMBER 2, 2023, GRANTING RESPONDENTS’ MOTION TO D...","fetched_at":"2026-05-19T23:00:08.568Z","links":{"html":"/opinions/alj-H207488-2023-11-02","pdf":"https://labor.arkansas.gov/wp-content/uploads//BOOTHE_JESSE_H207488_20231102.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}