{"id":"alj-H208803-2024-01-30","awcc_number":"H208803","decision_date":"2024-01-30","opinion_type":"alj","claimant_name":"Deborah Johnson","employer_name":"Recovery Centers Of Arkansas","title":"JOHNSON VS. RECOVERY CENTERS OF ARKANSAS AWCC# H208803 JANUARY 30, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/JOHNSON_DEBORAH_H208803_20240130.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOHNSON_DEBORAH_H208803_20240130.pdf","text_length":9653,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n  \n                                                        AWCC CLAIM NO.: H208803 \n \nDEBORAH S. JOHNSON,  \nEMPLOYEE                                                                                                                CLAIMANT                                   \n \nRECOVERY CENTERS OF ARKANSAS,  \nEMPLOYER                                                                                                           RESPONDENT  \n \nATA WORKERS’ COMP. SI TRUST,              \nINSURANCE CARRIER                                                                                       RESPONDENT \n \nRISK MANAGEMENT RESOURCES, \nTHIRD PARTY ADMINISTRATOR (TPA)                                                       RESPONDENT \n                                                                                                                                                                                  \n                                               \nOPINION FILED JANUARY 30, 2024    \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n  \nThe Claimant, pro se, did not appear at the hearing. \n \nThe Respondents represented by the Honorable Melissa Wood, Attorney at Law, Little Rock, \nArkansas. \n \n                                                     STATEMENT OF THE CASE      \n \nThis matter comes before the Commission pursuant to the Motion to Dismiss filed by the \nRespondents.  A hearing on the motion was conducted before this Commission on November 15, \n2023,  in  Little  Rock,  Arkansas.    Thus,  the  sole  issue  for  determination  was  whether  this  claim \nshould be dismissed due to the Claimant’s failure to prosecute it under Ark. Code Ann. §11-9-702  \n(Repl. 2012), and/or Arkansas Workers’ Compensation Commission Rule 099.13. \n The  Claimant,  per  my  review  of  Commission  records  is  pro  se,  failed  to  appear  at  the \nhearing.  The record consists of the  November 15, 2023, hearing transcript.  Also admitted into \nevidence was Respondents’ Exhibit 1, pleadings, correspondence and forms related to this claim, \n\nJohnson – H208803 \n \n2 \n \nconsisting of eight numbered pages.  Furthermore, in order to adequately address this matter under \nArk. Code Ann. § 11-9-705(a)(1) (Repl. 2012)(Commission must “conduct the hearing  . . . in a \nmanner which best ascertains the rights of the parties”), and without objection, I have blue-backed \nto  the  record  forms,  pleadings, and correspondence from the Commission’s file on the claim, \nconsisting of twenty-seven pages.  In accordance with Sapp v. Tyson Foods, Inc., 2010 Ark. App. \n517, ___ S.W.3d ___, these documents have been served on the parties in conjunction with this \nopinion. \nReasonable notice of the dismissal hearing was had on all the parties in the manner set by \nlaw.   \n No testimony was taken at the hearing. \n                            Background \nThe record reflects the following procedural history: \nThe Claimant’s former attorney filed a Form AR-C with the Commission on December 19, \n2022, asserting Claimant’s entitlement to workers’ compensation benefits.  Per this document, the \nClaimant’s attorney  described  the  cause  of  injury as  follows: “Claimant  was  in  the  course  and \nscope of employment and sustained injuries to her back and other whole body.” The date of the \nClaimant’s alleged  accidental  work-related  injury  is  November  13,  2022.    According  to  this \ndocument,  the Claimant’s counsel  check  marked  all  the  boxes  for  both  initial  and  additional \nworkers’ compensation benefits.  However,  there  was  no  request  for  a  hearing  made  by  the \nClaimant’s attorney at that time.       \nOn or about December 22, 2022, the Respondents filed a Form AR-2 with the Commission \naccepting  limited  liability  in  this  claim.   Specifically,  the  claims  adjuster  stated  that  this  was  a \n“medical only” claim as an aggravation of pre-existing back problems – MMI December 19, 2022.  \n\nJohnson – H208803 \n \n3 \n \nThe Claimant’s former attorney requested to withdraw as counsel of record in this matter \non  August  31,  2023.    The  undersigned  entered  an  order  on  September  13,  2023,  granting  the \nClaimant’s attorney motion to withdraw from representing the Claimant in this claim.   \n Still, the Claimant has not attempted to pursue or otherwise resolve this claim for workers’ \ncompensation benefits since the filing of the Form AR-C in February 2023. \nOn September 18, 2023, the Respondents filed a Motion to Dismiss with the Commission \naccompanied by a certificate of service to the Claimant indicating that they served a copy of the \npleading on the Claimant by depositing a copy thereof in the United States Mail.   \nThe  Commission  sent  a  letter  advising  the  Claimant  of  the Respondents’  motion  on \nSeptember 18, 2023, which was certified mail and first-class mail.  Per this letter, the Claimant \nwas given twenty (20) days from the date of that letter to file a response to the motion.  \nThe  letter  mailed  to  the  Claimant  by  first  class  mail  has  not  been  returned  to  the \nCommission.  However, the letter mailed to the Claimant by certified mail was picked up from a \nlocal Post Office on September 21, 2023, by the Claimant and the return receipt bears her signature.    \nStill, to date, there has been no response from the Claimant in this regard. \nOn October 12, 2023, the Commission sent a Notice of Hearing to the parties letting them \nknow  that  a  hearing  was  scheduled  for  November  15,  2023, on the Respondents’ motion  for \ndismissal. \nSaid notice was mailed to the Claimant by both certified and first-class mail.       \nTracking information received by the Commission from the United States Postal Service \non  October  27,  2023,  shows  that  the  Hearing  Notice  sent  by  certified  mail  to  the  Claimant  was \nreturned to the Commission because they were unable to deliver it to her.   However, the notice of \nhearing sent to the Claimant via first-class has not been returned to the Commission.  \n\nJohnson – H208803 \n \n4 \n \nYet, there was no response from the Claimant.   \nHowever,  a  hearing  was  in  fact  conducted on the Respondents’ motion  to  dismiss  as \nscheduled.  The Claimant failed to appear at the hearing to object to  the claim being dismissed.  \nNevertheless, the Respondents’ attorney asked that the claim be dismissed under Ark. Code Ann. \n§11-9-702 and Commission Rule 099.13 due to the Claimant’s failure to prosecute her claim for \nworkers’ compensation benefits.  \nReview of the evidence shows that the Claimant has failed to respond to the written notices \nof this Commission and did not appear at the hearing to object to the dismissal.  Moreover, since \nthe  filing  of  the  Form  AR-C  in  December  2022,  the  Claimant  has  not  requested  a  hearing.  \nConsidering the foregoing, I am persuaded to conclude that the Claimant has abandoned this claim \nfor workers’ compensation benefits.  \nAccordingly,  based  on  my  review  of  the  documentary  evidence,  and  all  other  matters \nproperly before the Commission, I find that the Respondents’ motion  to  dismiss  this  claim  is \nwarranted under the provisions of Ark. Code Ann. §11-9-702 and Rule 099.13 of this Commission.  \nSaid  dismissal  is without  prejudice,  to  the  refiling  of  this  claim  within  the  limitation  period \nspecified by law. \n                                  FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on the record, I hereby make the following findings of fact and conclusions of law \nin accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has authority  of  this \nclaim. \n \n2. The Claimant’s former attorney filed a Form AR-C with the Commission in \nthis  matter  in  December  2022 asserting  the  Claimant’s entitlement to \nworkers’ compensation benefits due to an accidental  injury  occurring  at \nwork on November 13, 2022. \n \n\nJohnson – H208803 \n \n5 \n \n3. Subsequently, the Claimant’s attorney filed a motion to be relieved as \ncounsel of record, which the Commission granted.  \n \n4. Since this time, and the filing of the Form AR-C, the Claimant has failed to \nmake a bona fide request for a hearing in this matter.    \n \n5. The Respondents filed a Motion to Dismiss this claim with the Commission \nin September 2023. \n \n6. Reasonable notice of the Motion to Dismiss and hearing thereon was had  \non  all  parties.    The  Claimant  has  failed  to  respond  to  the  notices  of  this \nCommission and did not appear at the hearing to object to her claim being \ndismissed.   \n \n7.         The evidence preponderates that the Respondents’ motion for dismissal due    \n            to a lack of prosecution is warranted.   \n \n8.        That the Respondents’ motion to dismiss is hereby granted pursuant to Ark.  \nCode  Ann.  §11-9-702  and  Commission  Rule  099.13 without  prejudice,  to \nthe refiling of the claim within the specified limitation period.   \n \nORDER \nIn accordance with the foregoing findings of fact and conclusions of law, this claim is  \nhereby dismissed without prejudice, pursuant to Ark. Code Ann. §11-9-702 and Commission Rule \n099.13 to the refiling of it within the time specified under the law.       \nIT IS SO ORDERED. \n   \n                                                                     ________________________________ \n                                                                                     CHANDRA L. BLACK  \n                                                    Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC CLAIM NO.: H208803 DEBORAH S. JOHNSON, EMPLOYEE CLAIMANT RECOVERY CENTERS OF ARKANSAS, EMPLOYER RESPONDENT ATA WORKERS’ COMP. SI TRUST, INSURANCE CARRIER RESPONDENT RISK MANAGEMENT RESOURCES, THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT OPINION FILED JANUARY 30, 2...","fetched_at":"2026-05-19T22:58:57.029Z","links":{"html":"/opinions/alj-H208803-2024-01-30","pdf":"https://labor.arkansas.gov/wp-content/uploads/JOHNSON_DEBORAH_H208803_20240130.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}