{"id":"alj-H208659-2024-08-20","awcc_number":"H208659","decision_date":"2024-08-20","opinion_type":"alj","claimant_name":"Yolanda Constancio","employer_name":"Express Services, Inc","title":"CONSTANCIO VS. EXPRESS SERVICES, INC. AWCC# H208659 August 20, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CONSTANCIO_YOLANDA_H208659_20240820.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CONSTANCIO_YOLANDA_H208659_20240820.pdf","text_length":2412,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H208659 \n \nYOLANDA CONSTANCIO, Employee CLAIMANT \n \nEXPRESS SERVICES, INC., Employer RESPONDENT \n  \nAIU INS. CO., Carrier RESPONDENT \n \n OPINION/ORDER FILED AUGUST 20, 2024 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented  by MARK  ALAN  PEOPLES,  Attorney, Little  Rock,  Arkansas;  although \nnot present at hearing. \n \nRespondent represented by MELISSA WOOD, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn December 13, 2022, Laura Beth York, the claimant’s previous attorney, filed a Form \nAR-C  requesting  various  compensation  benefits;  however,  no  hearing  was  requested. In  March \n2023 Ms. York was allowed to withdraw as the claimant’s attorney. On September 2, 2023, \nMark  Alan  Peoples,  the  claimant’s  current  attorney,  filed  a  Form  AR-C  requesting  various \ncompensation  benefits;  however,  no  hearing  was  requested. No  further  action  was  taken  in  this \nclaim. \nOn June 3, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for July  18,  2024.  Notice  of  that \nhearing was sent to the claimant by certified mail, return receipt requested on June 6, 2024. That \nnotice was returned by the United States Postal Department with the notation, “Return to Sender.  \nUnclaimed.  Unable to Forward.” Mr. Peoples indicated by email on June 6, 2024, that he would \n\nConstancio – H208659 \n2 \n \nwaive his appearance at the hearing and further indicated that he had no objection to the Motion \nto Dismiss “WITHOUT prejudice.”    \n After  my  review  of  respondent’s  Motion  to  Dismiss, Mr. Peoples’ response  thereto  that \nhe had  no  objection  to  the  motion  to  dismiss  without  prejudice,  and  the claimant’s failure  to \nappear  at  the  scheduled  hearing, as  well  as all  other  matters  properly  before  the  Commission,  I \nfind that respondent’s Motion to Dismiss this claim should be and hereby is granted pursuant to \nA.C.A. §11-9-702(a)(4).  This dismissal is without prejudice.     \n IT IS SO ORDERED. \n     \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H208659 YOLANDA CONSTANCIO, Employee CLAIMANT EXPRESS SERVICES, INC., Employer RESPONDENT AIU INS. CO., Carrier RESPONDENT OPINION/ORDER FILED AUGUST 20, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Fort Smith, Sebastian County, Arkansas. ...","fetched_at":"2026-05-19T22:50:13.188Z","links":{"html":"/opinions/alj-H208659-2024-08-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CONSTANCIO_YOLANDA_H208659_20240820.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}