{"id":"alj-H300839-2023-10-31","awcc_number":"H300839","decision_date":"2023-10-31","opinion_type":"alj","claimant_name":"Heaven Alcorn","employer_name":"City Of Jonesboro","title":"ALCORN VS. CITY OF JONESBORO AWCC# H300839 OCTOBER 31, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:4"],"injury_keywords":["hernia"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//Alcorn_Heaven_H300839_20231031.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Alcorn_Heaven_H300839_20231031.pdf","text_length":4939,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H300839 \n \nHEAVEN L. ALCORN, EMPLOYEE  CLAIMANT \n \nCITY OF JONESBORO, \nEMPLOYER                                                                                                RESPONDENT \n \nMUNICIPAL LEAGUE WC PROGRAM. \nINSURANCE COMPANY/TPA                                                                          RESPONDENT  \n \n \nOPINION FILED OCTOBER 31, 2023 \n \nHearing  before  Administrative  Law  Judge  Steven  Porch  on  October  27,  2023,  in \nJonesboro, Craighead County, Arkansas. \n \nClaimant represented herself Pro Se. \n \nThe  Respondents  were  represented  by  Ms.  Mary  K.  Edwards,  Attorney  at  Law,  North \nLittle Rock, Arkansas. \n \nI.  BACKGROUND \n This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  filed  by \nRespondents on August 11, 2023.  A hearing on the motion was conducted on October \n27, 2023, in Jonesboro, Arkansas. The Claimant herself was not present at the hearing. \nRespondents were represented at the hearing by Ms. Mary K. Edwards who argued the \nmotion.    In  addition  to  Respondent’s argument,  the  record  consists  of Respondent’s \nExhibit   1,   non-medical   documents,   and the   Commission’s   file–which   has   been \nincorporated herein in its entirety by reference. \n The evidence reflects that Claimant’s injury occurred on July 1, 2021, where she \ninjured herself while exercising. Claimant developed a hernia. This incident allegedly has \nsome connection to her employment. Since filing her Form C on February 7, 2023, this \ncase  has  been  inactive  until  Respondents  filed  a  Motion  to  Dismiss  due  to  the  lack  of \n\nALCORN H300839 \n \n \n2 \nprosecution.  A  hearing  was  held  on  October  27,  2023,  in  Jonesboro,  Arkansas  on  the \nMotion to Dismiss.  As previously stated, the Claimant was not present for the hearing. \nThe  Claimant  was  served  through  both  certified  and  first  class  mail. Commissions’  file \nshows that the first class letter was sent to Claimant’s last known address on  September \n19, 2023, and was not returned.  \nII.  FINDINGS OF FACT AND CONCLUSIONS OF LAW \n After  reviewing  the  record  as  a  whole  and  other  matters  properly  before  the \nCommission,  I  hereby  make  the  following  findings  of  fact  and  conclusions  of  law  in \naccordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n1. The  Arkansas  Workers’  Compensation  Commission  has  jurisdiction  over  this \nclaim. \n2. All parties received reasonable and timely notice of the Motion to Dismiss and the \nhearing thereon pursuant to AWCC R. 099.13. \n3. Respondents  did  prove  by  a  preponderance  of  the  evidence  that  Claimant has \nfailed to prosecute his claim under AWCC R. 099.13. \n4. The Motion to Dismiss should be, and hereby is, granted without prejudice. \nIII.  DISCUSSION \n AWCC 099.13 provides: \nUpon  meritorious  application  to  the  Commission  from  either  party  in  an \naction  pending  before  the  Commission,  requesting  that  the  claim  be \ndismissed for want of prosecution, the Commission may, upon reasonable \nnotice  to  all  parties,  enter  an  order  dismissing  the  claim  for  want  of \nprosecution. \n \nSee generally Johnson v. Triple T Foods, 55 Ark. App. 83, 85, 929 S.W.2d 730 (1996).   \n\nALCORN H300839 \n \n \n3 \nUnder  Ark.  Code  Ann.  §  11-9-705(a)(3)  (Repl.  2012),  Respondents  must  prove  by  a \npreponderance  of  the  evidence  that  dismissal  should  be  granted.  The  standard \n“preponderance of the evidence” means the evidence having greater weight or convincing \nforce.  Barre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415; Smith v. Magnet Cove Barium \nCorp., 212 Ark. 491, 206 S.W.2d 442 (1947). \n A claimant’s testimony is never considered uncontroverted.  Nix v. Wilson World \nHotel,  46  Ark.  App.  303,  879  S.W.2d  457  (1994).  The  determination  of  a  witness’ \ncredibility and how much weight to accord to that person’s testimony are solely up to the \nCommission. White v. Gregg Agricultural Ent., 72 Ark. App. 309, 37 S.W.3d 649 (2001).  \nThe Commission must sort through conflicting evidence and determine the true facts.  Id.  \nIn so doing, the Commission is not required to believe the testimony of the claimant or \nany other witness, but may accept and translate into findings of fact only those portions \nof the testimony that it deems worthy of belief.  Id. \n After consideration of all the evidence, I find that Claimant and Respondents were \ngiven reasonable notice for the Motion to  Dismiss hearing under Rule 13. I further find \nthat Claimant has abridged this rule. Thus, I find Respondent’s Motion should be granted. \nCONCLUSION \n Based on the findings of fact and conclusions of law set forth above, Respondents’ \nMotion to Dismiss is hereby granted without prejudice. \n IT IS SO ORDERED. \n      ________________________________ \n      STEVEN PORCH \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300839 HEAVEN L. ALCORN, EMPLOYEE CLAIMANT CITY OF JONESBORO, EMPLOYER RESPONDENT MUNICIPAL LEAGUE WC PROGRAM. INSURANCE COMPANY/TPA RESPONDENT OPINION FILED OCTOBER 31, 2023 Hearing before Administrative Law Judge Steven Porch on October 27, 2023, in Jone...","fetched_at":"2026-05-19T23:02:22.933Z","links":{"html":"/opinions/alj-H300839-2023-10-31","pdf":"https://labor.arkansas.gov/wp-content/uploads//Alcorn_Heaven_H300839_20231031.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}