{"id":"alj-H208127-2023-06-21","awcc_number":"H208127","decision_date":"2023-06-21","opinion_type":"alj","claimant_name":"Ray Branch","employer_name":"Pulaski County Special School District/pcssd","title":"BRANCH VS. PULASKI COUNTY SPECIAL SCHOOL DISTRICT/PCSSD AWCC# H208127 JUNE 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BRANCH_RAY_H208127_20230621.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRANCH_RAY_H208127_20230621.pdf","text_length":9184,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H208127 \n \n \nRAY C. BRANCH, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nPULASKI COUNTY SPECIAL SCHOOL DISTRICT/PCSSD,  \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nARKANSAS SCHOOL BOARDS ASSN. WCT,  \nINSURANCE CARRIER                                                                                        RESPONDENT                           \n          \nARKANSAS SCHOOL BOARDS ASSN,                                                                                                                                  \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT \n \nOPINION FILED JUNE 21, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, failed to appear for the hearing.         \n \nRespondents  represented  by  the  Honorable  Guy  Alton  Wade,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on June 20, 2023 in the present matter pursuant to Dillard v. Benton \nCounty Sheriff’s Office,  87  Ark.  App.  379,  192  S.W.  3d  287  (2004),  to  determine  whether  the \nabove-referenced matter should be dismissed for failure to prosecute under the provisions of Ark. \nCode Ann. §11-9-702 (d) (Repl. 2012), and Arkansas Workers’ Compensation Commission Rule \n099.13.  \nAppropriate Notice of this hearing was attempted on all parties to their last known address, \nin the manner prescribed by law.   \nThe  record  consists  of  the  transcript  of  the  June  20,  2023,  hearing  and  the  documents \ncontained therein.   Also, the entire Commission’s file has been made a part of the record.   It is \n\nBranch – H 208127 \n \n2 \n \nhereby incorporated herein by reference.  The Respondents’ Hearing Exhibit Packet consisting of \nthirty-one numbered pages was marked as Respondents’ Exhibit 1.     \n                                                                 Discussion \n On  November  16,  2022,  the  Claimant  filed  with  the  Commission  a  claim  for  Arkansas \nworkers’ compensation benefits by way of a Form AR-C.  Specifically, the Claimant alleged that \nhe sustained injuries to his back and left side, on October 6, 2022.  The Claimant checked some \nthe boxes for initial workers’ compensation benefits in the form of, temporary partial disability, \nrehabilitation  and medical  expenses.  Also,  on  this  form,  the  Claimant  specifically  made  a \nhandwritten request for back checks for being off over a month.        \n  The respondent-insurance-carrier filed a Form AR-2 with the Commission on November \n17, 2022, wherein they denied compensability on the grounds of “incomplete investigation.” \n On December 1, 2022, the claim was sent to the Legal Advisors’ Division for mediation.  \nThe  attempt  to  set  up  medication  failed.    Therefore,  on  December  13,  2022,  the  claim  was \ntransferred to the Clerk’s Office for reassignment to an Administrative Law Judge for adjudication.     \n The  claim  was  transferred  to  me  for  a  hearing  on  the  merits.    On  December  16,  2022, \nPrehearing Questionnaires and Preliminary Notices were mailed to the parties with deadlines for \nfiling timely responses.   \n The  Claimant  failed  to  file  a  timely  response.    Therefore,  the  claim  was  returned  to  the \nCommission’s general files on January 17, 2023.   \n Since this time and the filing of the Form AR-C, there has been no bona fide action on the \npart of the Claimant to prosecute this claim, or otherwise pursue any benefits.  \n\nBranch – H 208127 \n \n3 \n \nOn March 10, 2023, the Respondents filed with the Commission a letter-motion requesting \nthat the claim be dismissed for a lack of prosecution.  The Respondents notified the Claimant of \ntheir motion  for dismissal by way of mailing a copy of to him.  \nThe Commission sent a  letter-notice to the Claimant’s last known address on March 20, \n2023.    Per  this  correspondence,  the  Claimant  was  given  a  deadline  of  twenty  days,  for  filing  a \nwritten response to the Respondents’ motion.  \nInformation received by the Commission from the United States Postal Service indicates \nthat they were unable to locate any delivery information on this item in their records.  \n Yet, there was no response from the Claimant. \nTherefore, pursuant to a Hearing Notice dated May 18, 2023, the Commission notified the \nparties that a hearing was scheduled to address the Respondents’ motion to dismiss this claim due \nto  a  lack  of  prosecution.    Said  hearing  was  scheduled  for  June  20,  2023, at  10:30  a.m.,  at  the \nArkansas Workers’ Compensation Commission, in Little Rock, Arkansas. \n However, on June 3, 2023, the United States Postal Service informed the Commission that \nthey  were  unable  to  locate  any  delivery  information  on  the  above  item.    Of  significance,  the \nClaimant  contacted  the  Commission  June  16,  2023, to  objected  to  his  claim  being  dismissed.  \nSpecifically, he wrote, “I Ray Branch, Jr. [the Claimant] ....  I do not have an attorney to represent \nme so I need a cancellation on the court day until I finish with my rehab and my second specialist \nand  then  my  MRI  and  then  I  will  be  ready.  Sorry for  the  inconvenience.”   The  Claimant  was \ninformed  that  the  hearing  would  remain  on  the  docket  as  scheduled,  with  his  objection  and \ncomments being noted.      \n\nBranch – H 208127 \n \n4 \n \n Subsequently, a hearing was in fact conducted on the Respondents’ motion for dismissal \nas  scheduled.    The  Claimant  failed  to  appear  at  the  hearing  and  his  message  was  given  full \nconsideration.  Nevertheless, the Respondents appeared through their attorney.   \nCounsel  noted  that  the  Claimant  has  failed  to  timely  prosecute  his claim  for  workers’ \ncompensation  benefits.    Counsel  further  noted  that  there  has  been  no  attempt  on  the  part  of  the \nClaimant to move forward with a hearing.  Explicitly, counsel for the Respondents noted that the \nClaimant  did  not  respond  in  a  prompt  fashion  during  the  prehearing  process  and  his  discovery.  \nMoreover, he pointed out that  the Claimant failed to respond to the notices of this Commission \nuntil  his  email  of  June  16,  2023,  just  four  days  prior  to  the  scheduled  hearing  and  nor  did  the \nClaimant appear at the hearing to object to the dismissal of his claim.  Therefore, counsel moved \nthat  this  claim  be  dismissed  under  the  provisions  of  Ark.  Code  Ann.  §11-9-702,  and  Arkansas \nWorkers’ Compensation Commission Rule 099.13 without prejudice. \nThe record before me proves that the Claimant has failed to timely prosecute his claim for \nworkers’ compensation benefits.  The Claimant’s objection to the dismissal has been taken into \nfull  consideration.    However,  if  the  Claimant  intends  to  pursue  his  claim  as  indicated,  he  has \nsufficient time to refile his claim with the Commission before the statute of limitations has run on \nit.    Therefore,  per  Rule  099.13  of  this  Commission,  I  find  that  this  claim  is  hereby  dismissed, \nwithout prejudice to the refiling of it with the limitation period specified by law.  Considering the \nforegoing  finding,  consideration  for  dismissal  of  the  within  claim  under  the  provisions  of  Ark. \nCode Ann. §11-9-702, has been rendered moot. \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn  the  basis  of  the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n\nBranch – H 208127 \n \n5 \n \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The Respondents filed with the Commission, letter-motion to dismiss this \nclaim for which a hearing was held. \n \n3. The evidence preponderates that the Claimant failed to timely prosecute his \nclaim for workers’ compensation benefits.   \n \n4. Appropriate Notice of the dismissal hearing was attempted on all parties to \ntheir last known address, in the manner prescribed by law.    \n \n            5. The Respondents’ motion  to  dismiss  is  hereby  granted  without  prejudice \npursuant  to  Commission  Rule  099.13,  to  the  refiling  of  it  within  the \nlimitation period specified by law.  \n \nORDER \n \n In accordance with the findings of fact and conclusions of law set forth above, this claim \nis  hereby  dismissed  pursuant  to  Arkansas Workers’  Compensation  Commission  Rule  099.13, \nwithout prejudice to the refiling of it, within the limitation period specified by law.  \n        IT IS SO ORDERED. \n \n \n                              _______________________________ \n               CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H208127 RAY C. BRANCH, EMPLOYEE CLAIMANT PULASKI COUNTY SPECIAL SCHOOL DISTRICT/PCSSD, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSN. WCT, INSURANCE CARRIER RESPONDENT ARKANSAS SCHOOL BOARDS ASSN, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED JUNE 2...","fetched_at":"2026-05-19T23:06:36.175Z","links":{"html":"/opinions/alj-H208127-2023-06-21","pdf":"https://labor.arkansas.gov/wp-content/uploads//BRANCH_RAY_H208127_20230621.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}