{"id":"alj-H300411-2023-09-20","awcc_number":"H300411","decision_date":"2023-09-20","opinion_type":"alj","claimant_name":"Shyatta Summons","employer_name":"Sun Rise Lodging/best Western Plus Jfk Inn & Suites","title":"SUMMONS VS. SUN RISE LODGING/BEST WESTERN PLUS JFK INN & SUITES AWCC# H300411 SEPTEMBER 20, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:3"],"injury_keywords":["hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SUMMONS_SHYATTA_H300411_20230920.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SUMMONS_SHYATTA_H300411_20230920.pdf","text_length":2327,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H300411 \n \nSHYATTA SUMMONS, EMPLOYEE                  CLAIMANT \n \nSUN RISE LODGING/BEST WESTERN PLUS \nJFK INN & SUITES, EMPLOYER                 RESPONDENT \n \nEMPLOYERS INSURANCE CO., CARRIER                       RESPONDENT \n \n \nOPINION FILED 20 SEPTEMBER 2023 \n \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on Wednesday, 20 September 2023. \n \nClaimant Shyatta Summons, pro se,  did not appear. \n \nMr.  James  A.  Arnold,  II,  Attorney-at-Law  of  Fort  Smith,  Arkansas,  appeared  on \nbehalf of Respondents. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above-styled matter on 20 September 2023, in Little Rock, \nArkansas,  on  respondents’ Motion  to  Dismiss.   This  claim  involves  an  alleged  workplace \ninjury occurring on 7 December 2022.  \n A Form AR-C was filed with the Commission on 20 January 2023 by the claimant’s \ncounsel at the time, Laura Beth York of Rainwater, Holt & Sexton.  A Form 2 was initially \nfiled with the Commission on 6 February 2023 accepting a claim for left hip, left thigh, and \nright arm injuries.  \nClaimant’s  counsel  filed  a  request  for  withdrawal  of  her  representation  on 6  April \n2023, and that request was granted by the Full Commission by way of an Order filed on 18 \nApril 2023.  \nOn  24  July  2023,  the  respondents  moved  for  a  dismissal  without  prejudice  for  the \nclaimant’s failure to prosecute his claim. The file, which was incorporated by reference at the \n\n SUMMONS- H300411 \n2 \n \nhearing,  reflects  no  request  for  a  hearing  on  the  claim  in  the  relevant  time  preceding  the \nrespondents’ motion. Appropriate notice was sent out, but the claimant failed to respond to \nthe Commission or appear to resist dismissal of the claim.  \n Based  on  the  record,  available  evidence,  and  argument  of  counsel,  I  am  inclined  to \nfind  that  the  Motion  to  Dismiss  should  be  granted  and  the  matter  should  be  dismissed \nwithout prejudice.  \nORDER \n Pursuant to the above, I find that the Motion to Dismiss should be granted and this \nmatter should be dismissed without prejudice at this time.   \nSO ORDERED. \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300411 SHYATTA SUMMONS, EMPLOYEE CLAIMANT SUN RISE LODGING/BEST WESTERN PLUS JFK INN & SUITES, EMPLOYER RESPONDENT EMPLOYERS INSURANCE CO., CARRIER RESPONDENT OPINION FILED 20 SEPTEMBER 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock...","fetched_at":"2026-05-19T23:02:58.526Z","links":{"html":"/opinions/alj-H300411-2023-09-20","pdf":"https://labor.arkansas.gov/wp-content/uploads/SUMMONS_SHYATTA_H300411_20230920.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}