{"id":"alj-H208062-2023-09-14","awcc_number":"H208062","decision_date":"2023-09-14","opinion_type":"alj","claimant_name":"Donovan Warren","employer_name":"Agerton Timber, LLC","title":"WARREN VS. AGERTON TIMBER, LLC AWCC# H208062 SEPTEMBER 14, 2023","outcome":"unknown","outcome_keywords":[],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WARREN_DONOVAN_H208062_20230914.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WARREN_DONOVAN_H208062_20230914.pdf","text_length":6752,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H208062 \n \n \nDONOVAN WARREN, \nEMPLOYEE                                                                                                              CLAIMANT \n \nAGERTON TIMBER, LLC, \nEMPLOYER                                                                                                         RESPONDENT  \n \nPRAETORIAN INS. CO./SEDGWICK CLAIMS MG’T  \nSERVICES, INC. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION AND ORDER FILED SEPTEMBER 14, 2023, \nHOLDING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE IN \nABEYANCE FOR 45 DAYS \n \nHearing conducted on Thursday, September 7, 2023, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ)  Mike  Pickens,  in  El  Dorado, \nUnion County, Arkansas. \n \nThe  claimant,  Mr.  Warren  Donovan,  pro  se,  of  Strong,  Union  County,  Arkansas,  appeared  in \nperson at the hearing.  \n \nThe  respondents  were  represented  by  the  Honorable  Randy  P.  Murphy,  Anderson,  Murphy  & \nHopkins, Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing  was  conducted  on  Thursday,  September  7,  2023,  to  determine  whether  this \nclaim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) \n(2022)  Lexis  Replacement)  and  Commission  Rule  099.13  (2022  Lexis  Repl.).  The  respondents \nfiled a motion to dismiss (MTD) with the Commission on June 28, 2023, requesting this claim be \ndismissed without prejudice for lack of prosecution.  \n\nDonovan Warren, AWCC No. H208062 \n \n2 \n \n           In accordance with applicable Arkansas law, the claimant was mailed due and proper legal \nnotice of both the respondents’ MTD as well as a copy of the hearing notice at his current addresses \nof record via the United States Postal Service (USPS), First Class Certified Mail,  \nReturn Receipt Requested, which he received, as evidenced by the fact he appeared in person at \nthe hearing. At the hearing, the claimant respectfully objected to the respondents’ MTD without \nprejudice.  \n          The claimant and the respondents’ attorney had an opportunity to visit in person before the \nhearing commenced. On the record at the hearing the parties mutually agreed to request the ALJ \nhold a ruling on the respondents’ MTD in abeyance for a period of 45 days  –  which  would  be \nSunday, October 22, 2023, thereby making the 45-day deadline Monday, October 23, 2023, since \nthe actual deadline falls on a weekend  – in order to allow the respondents sufficient time for the \nclaimant  to  sign  and  provide  the  respondents  an  updated  Health  Insurance  Portability  and \nAccountability (HIPAA)-compliant medical release; to obtain any and all outstanding medical bills \nand records; and for the parties to attempt to amicably resolve any and all outstanding issues, if \nany. The parties also advised the ALJ there was a good chance the claim may be resolved via a \njoint petition settlement agreement once the claimant provided the respondents with the required \nmedical  release  so  they  may  obtain  any  and  all  relevant  medical  records  and  other  necessary \ndocumentation, if any. The ALJ strongly encouraged the claimant to retain the services of a \nworkers’ compensation attorney to represent him in this matter. \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 claim  file  in  this  matter  by \nreference. \n \n\nDonovan Warren, AWCC No. H208062 \n \n3 \n \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’ MTD. Rather than recite \na detailed analysis of the record, the preponderance of the evidence adduced at the hearing revealed \nthe parties mutually agreed the ALJ hold a decision on the respondents’ subject MTD in abeyance \nfor a period of 45 days for the reasons set forth above. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, and as I advised the parties on the record at the hearing, I hereby make \nthe following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. The ALJ strongly encourages the claimant to retain the services of a workers’ \n                  compensation attorney to represent him in this matter.  \n \n      3.         The ALJ will hold in abeyance a decision on the respondents’ subject MTD without \n                 prejudice for a period of 45 days, or until Monday, October 23, 2023, since 45 days \n                 from the hearing date falls on Sunday, October 22, 2023. \n \n      4.         The parties have 45 days from the hearing date, or until Monday, October 23, \n                  2023, to obtain any and all additional information they require and to attempt to  \n                  resolve any and all outstanding issues, if any remain, and/or to settle this claim via \n                  a joint petition settlement agreement.  \n \n      5.         If the parties are unable to resolve any and all outstanding issues; and/or within \n                  five (5) days after the expiration of this 45-day time-period the claimant fails and/or \n                  refuses to request, in writing (with a copy to the respondents’ attorney, of course), \n                  a hearing before the Commission and to advise both the Commission and the  \n                  respondents exactly what specific issue(s) he believes are ripe for a hearing, the \n                  ALJ shall grant the respondents’ MTD without prejudice filed June 28, 2023, \n                  without the necessity of either the respondents filing another motion, and without \n                  holding another hearing on the subject motion. \n \n \n\nDonovan Warren, AWCC No. H208062 \n \n4 \n \n          If they have not already done so, the respondents shall pay the court reporter’s invoice within \n \n twenty (20) days of the filing of this opinion and order. \n \n          IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Mike Pickens \n                                                                                               Administrative Law Judge \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208062 DONOVAN WARREN, EMPLOYEE CLAIMANT AGERTON TIMBER, LLC, EMPLOYER RESPONDENT PRAETORIAN INS. CO./SEDGWICK CLAIMS MG’T SERVICES, INC. INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED SEPTEMBER 14, 2023, HOLDING RESPONDENTS’ MOTION TO DISMISS WI...","fetched_at":"2026-05-19T23:02:52.326Z","links":{"html":"/opinions/alj-H208062-2023-09-14","pdf":"https://labor.arkansas.gov/wp-content/uploads/WARREN_DONOVAN_H208062_20230914.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}