{"id":"alj-H300633-2025-03-18","awcc_number":"H300633","decision_date":"2025-03-18","opinion_type":"alj","claimant_name":"Sammy Williams","employer_name":"City Of Little Rock","title":"WILLIAMS VS. CITY OF LITTLE ROCK AWCC# H300633 March 18, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WILLIAMS_SAMMY_A_H300633_20250318.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILLIAMS_SAMMY_A_H300633_20250318.pdf","text_length":3729,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H300633 \n \nSAMMY A. WILLIAMS, EMPLOYEE        CLAIMANT \n \nCITY OF LITTLE ROCK, SELF-INSURED EMPLOYER                   RESPONDENT \n \nRISK MANAGEMENT RESOURCES, TPA          RESPONDENT \n  \n \n \nOPINION FILED 18 MARCH 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 12 March 2025 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nWorley, Wood & Parrish, PA, Ms. Melissa Wood, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 12 March 2025. This case relates to an accepted medical-only claim for \nan injury sustained on or about 7 December 2022.  \nA First Report of Injury was filed on 12 December 2022, indicating a shoulder injury. \nThe claimant filed a Form AR-C on 7 February 2023. A Form AR-2 indicating that the \nmedical-only claim had been accepted was also filed by the respondents that day. On 30 \nMarch 2023, a Change of Physician was authorized. Then, on 9 October 2023, the \nrespondents filed an amended Form AR-2, noting additional benefits were being provided to \nthe claimant.  \nThe record reflects no further action took place on this file until 9 January 2025, \nwhen the respondents filed the immediate motion seeking a dismissal of the claim for want \nof prosecution, citing Ark. Code Ann. §§ 11-9-702(a)(4), (d) and AWCC Rule 099.13. Therein, \n\nS. WILLIAMS- H300633 \n2 \n \nthey argued that more than six months had passed without a bona fide request for a \nhearing on an issue ripe for litigation. They also stated that all appropriate benefits have \nbeen paid.  \n Notice of the respondents’ motion was sent to the claimant, consistent with AWCC \npractices, via First Class Mail and Certified Mail, on 14 January 2025. After no response or \nobjection was received by my office, a notice of a hearing on that motion was sent in the \nsame fashion on 11 February 2025. When mailings are returned to the AWCC as not \naccepted or undeliverable, those mailings are appended to the claim’s file. This file contains \nno returned mailings. \nThe respondents appeared on 12 March 2025, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no bona fide request for a hearing on an issue ripe for litigation in this claim in the \nrelevant time preceding the filing of their motion. The claimant did not appear to resist the \ndismissal of his claim. The respondents offered a number of the documents noted above into \nthe record which, collectively, were admitted as Respondents’ Exhibit No 1. That exhibit \nconsists of one index page and ten subsequent pages of forms, pleadings, and \ncorrespondence. \n Ark. Code Ann. § 11-9-702(d) states that claim for additional benefits may be \ndismissed without prejudice after six months without a bona fide request for a hearing. Our \nRule 99.13 provides for a dismissal for failure to prosecute an action upon application by \neither party. Based on the record, the available evidence, and the arguments of the \nrespondents’ counsel; I find (1) that the parties were provided with reasonable notice of the \nrespondents’ Motion to Dismiss and the hearing, (2) that the respondents’ Motion to \nDismiss should be granted pursuant to the provisions above, and (3) that this matter should \nbe dismissed without prejudice. \n\nS. WILLIAMS- H300633 \n3 \n \n \n \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H300633 SAMMY A. WILLIAMS, EMPLOYEE CLAIMANT CITY OF LITTLE ROCK, SELF-INSURED EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, TPA RESPONDENT OPINION FILED 18 MARCH 2025 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judg...","fetched_at":"2026-05-19T22:42:39.130Z","links":{"html":"/opinions/alj-H300633-2025-03-18","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WILLIAMS_SAMMY_A_H300633_20250318.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}