{"id":"alj-H300349-2024-03-11","awcc_number":"H300349","decision_date":"2024-03-11","opinion_type":"alj","claimant_name":"Kathleen Oviedo","employer_name":"Safeway Van Lines, LLC","title":"OVIEDO VS. SAFEWAY VAN LINES, LLC AWCC# H300349 MARCH 11, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/OVIEDO_KATHLEEN_H300349_20240311.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OVIEDO_KATHLEEN_H300349_20240311.pdf","text_length":5351,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H300349 \n \nKATHLEEN R. OVIEDO, \nEMPLOYEE CLAIMANT \n \nSAFEWAY VAN LINES, LLC, \nEMPLOYER RESPONDENT \n \nWESCO INS. CO./ \nAMTRUST NORTH AMERICA \nINSURANCE CARRIER/TPA RESPONDENT \n \n \nOPINION AND ORDER TO DISMISS WITHOUT PREJUDICE \nFILED MARCH 12, 2024 \n \nHearing conducted on Friday, March 8, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Hot Springs, \nGarland County, Arkansas. \n \nThe claimant, Ms. Kathleen R. Oviedo, pro se, of Hot Springs, Garland County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable William C. Frye, Frye Law Firm, North \nLittle Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Friday, March 8, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 \nLexis Replacement) and Commission Rule 099.13 (2023 Lexis Replacement). \n The respondents filed a letter motion to dismiss (MTD) without prejudice with the \nCommission on December 21, 2023, requesting this claim be dismissed without prejudice for lack \nof prosecution. Consistent with the applicable Arkansas law, the Commission mailed a copy of \nboth the respondents’ motion to dismiss and the subject hearing notice via the United States Postal \nService (USPS), Certified Mail, Return Receipt Requested by letter dated January 2, 2024, to her \nlast known address of record with the Commission. Thereafter, the claimant failed and/or refused \n\nKathleen R. Oviedo, AWCC No. H300349 \n \n2 \n \nto respond in any way to either the Commission or the respondents; and she failed and/or refused \nto appear at the subject hearing. The claimant never objected in any way to the respondents’ MTD. \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 file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the parties’ joint \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nclaimant has both failed and/or refused to prosecute her claim, nor has she requested a hearing \nwithin the last six (6) months. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of the respondents’ letter MTD \n filed December 21, 2023, to the claimant’s last known address of record with the \n Commission, the claimant failed and/or refused to object to the subject MTD; to \n request a hearing; or to respond to the motion in any way. \n \n 3. The claimant failed and/or refused to appear at \n the subject hearing and, therefore, has waived her right to a hearing on the MTD. \n \n 4. The claimant has failed to request a hearing on the merits of her claim within the \n last six (6) months. \n \n 5. The respondents’ letter MTD without prejudice filed with the \n Commission on December 21, 2023, should be and hereby is GRANTED. \n\nKathleen R. Oviedo, AWCC No. H300349 \n \n3 \n \n \n 6. Therefore, this claim is dismissed without prejudice to its refiling pursuant to \n the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission \n Rule 099.13. \n \n This opinion and order shall not be construed to prohibit the claimant, her attorney, any \nattorney she may retain in the future, or anyone acting legally and on her behalf from refiling this \nclaim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n The respondents shall pay the court reporter’s invoice within ten (10) days of their receipt \nthereof. \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 \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300349 KATHLEEN R. OVIEDO, EMPLOYEE CLAIMANT SAFEWAY VAN LINES, LLC, EMPLOYER RESPONDENT WESCO INS. CO./ AMTRUST NORTH AMERICA INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED MARCH 12, 2024 Hearing conducted on Friday,...","fetched_at":"2026-05-19T22:56:05.593Z","links":{"html":"/opinions/alj-H300349-2024-03-11","pdf":"https://labor.arkansas.gov/wp-content/uploads/OVIEDO_KATHLEEN_H300349_20240311.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}