{"id":"alj-H300889-2023-10-02","awcc_number":"H300889","decision_date":"2023-10-02","opinion_type":"alj","claimant_name":"Laura Bennett","employer_name":"Arkansas Enterprises For Dev. Disabilities","title":"BENNETT VS. ARKANSAS ENTERPRISES FOR DEV. DISABILITIES AWCC# H300889 OCTOBER 2, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":["neck","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_LAURA_H300889_20231002.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BENNETT_LAURA_H300889_20231002.pdf","text_length":7118,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H300889 \n \n \nLAURA BENNETT, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nARKANSAS ENTERPRISES FOR DEV. DISABILITIES,   \nEMPLOYER                                                                                                            RESPONDENT                                    \n \nRISK MANAGEMENT RESOURCES, \nTHIRD PARTY ADMINISTRATOR                                                                     RESPONDENT  \n                       \n \nOPINION FILED OCTOBER 2, 2023   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant, pro se, did not attend the hearing.  \n \nRespondents represented by the Honorable Carol Lockard Worley, Attorney at Law, Little Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A  hearing  was  held  on  September  20,  2023  in  the  present  matter  pursuant  to  Dillard  v. \nBenton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W. 3d 287 (2004), for a determination \nof  whether  the  above-referenced  case  should  be  dismissed  for  failure  to  prosecute  under  the \nprovisions of Ark. Code Ann. §11-9-702 (Repl. 2012) and/or Arkansas Workers’ Compensation \nCommission Rule 099.13.  \nAppropriate Notice of this hearing was provided to all parties to their last known address, \nin the manner prescribed by law.   \nThe record consists of the transcript of the September 20, 2023, hearing and the documents \nheld therein.  Respondents’ Exhibit 1 consists of eight numbered pages, excluding the cover page.  \n\nBennett – H300889 \n \n2 \n \nAdditionally,  the  entire Commission’s file has been made a part of the record.    It  is  hereby \nincorporated into the hearing transcript by reference.    \nProcedural History \n On  February  9,  2023,  the  Claimant  filed  with  the  Commission  a  claim  for  Arkansas \nworkers’ compensation benefits by way of a Form AR-C.  Per this document, the Claimant alleged \nan  accidental  injury  on  May  3,  2021,  in  the  course  and  scope  of  her  employment  with  the \nrespondent-employer.  The Claimant described the cause of her injury and the part of body injured: \n“I was hit on my driver’s  side  and  my  passenger’s  side  which  caused  my  neck  and  back  to  be \ninjured.”  She  asked  for workers’ compensation benefits in the form of only  initial  medical \nexpenses.   \n The claims adjuster filed Form AR-2 with the Commission on February 20, 2023, accepting \nthe above referenced matter as a medical only claim.   \n Subsequently, there was no action taken by the Claimant to resolve her claim, and nor did \nshe request a hearing.   \nTherefore, the Respondents filed a Motion to Dismiss with the Commission on August 10, \n2023.   The  Respondents’  pleading  included  a  certificate  of  service  affirming  that  they  had \nforwarded a copy of the motion directly to the Claimant via certified mail through the United States \nPostal Service.  \nThe  Commission  sent  a  letter-notice  on  August  11,  2023, to  the Claimant’s  last  known \naddress  via  first-class  and  certified  mail.  Per  this  correspondence,  the  Commission  gave  the \nClaimant a deadline of twenty  days  for filing a  written response to the Respondents’ Motion to \nDismiss. \n\nBennett – H300889 \n \n3 \n \nOn  August  30,  2023,  the  Claimant  wrote  a  letter  to  the  Commission  saying, “I  Laura \nBennett give permission to dismiss my claim...”  \nThe Commission set the claim for a hearing pursuant to a Notice of Hearing mailed to the \nparties on August 29, 2023.  The notice was mailed to the Claimant via first-class and  certified \nmail.  Said hearing was scheduled for September 20, 2023, at the Commission in Little Rock.  \nThe notice that the Commission sent to the Claimant via first-class and certified mail has \nnot been returned to the Commission.   \n Subsequently, a hearing was in fact conducted on the Respondents’ motion for dismissal \nas  scheduled.  The  Claimant  did  not  attend  the  dismissal  hearing.    However,  the  Respondents \nappeared through their attorney.   \nThe Respondents’ attorney noted that it has been more than six months since the filing of \nthe Form AR-C, and the Claimant has not requested a hearing.  Therefore, counsel moved that this \nclaim be dismissed under Ark. Code Ann. §11-9-702 for a lack of prosecution of the case by the \nClaimant. \n        Discussion \nThe record before me proves that the Claimant has failed to promptly prosecute her claim \nfor workers’ compensation benefits.  The Claimant has not requested a hearing since the filing of \nthe Form AR-C in February 2023.  More importantly, the Claimant did not appear at the hearing \nto object to her  claim being dismissed and has said in writing that she is in agreement with her \nclaim being dismissed.   \nUnder these circumstances, I am compelled to find that the evidence preponderates that the \nClaimant has failed to prosecute her claim for workers’ compensation benefits in the manner set \nforth under the law.  Hence, the Claimant does not object to her claim being dismissed.  Therefore, \n\nBennett – H300889 \n \n4 \n \nper  Ark.  Code  Ann.  §11-9-702,  I  find  that  this  claim  should  be  and  is  hereby  respectfully \ndismissed, without prejudice, to the refiling of it within the limitation period specified by law.   \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn  the  basis  of  the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The Respondents filed with the Commission a motion for dismissal of this \nclaim due to a lack of prosecution by the Claimant, for which a hearing was \nheld. \n \n3. The Claimant has not requested a hearing since the filing of her Form AR-\nC, which was done in February 2023.  Hence, the evidence preponderates \nthat   the   Claimant   has failed  to  prosecute  her  claim  for  workers’ \ncompensation  benefits.    The  Claimant  does  not  object  to  her  claim  being \ndismissed.      \n \n4. Appropriate Notice of the dismissal hearing was had on all parties to their \nlast known address, in the manner prescribed by law.    \n \n            5. The Respondents’ Motion to Dismiss this claim due to a lack of prosecution \nis hereby granted, without prejudice, per Arkansas Code Ann. §11-9-702, \nto the refiling of it within the limitation period specified by law.  \n \nORDER \nFollowing the findings of fact and conclusions of law set forth above, this claim is hereby \ndismissed per Arkansas Code Ann. §11-9-702, without prejudice, to the refiling of it, within the  \nlimitation period specified by law.  \nIT IS SO ORDERED. \n \n                              _______________________________ \n               HON. CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H300889 LAURA BENNETT, EMPLOYEE CLAIMANT ARKANSAS ENTERPRISES FOR DEV. DISABILITIES, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED OCTOBER 2, 2023 Hearing held before Administrative Law Judge Chandra L. B...","fetched_at":"2026-05-19T23:01:09.647Z","links":{"html":"/opinions/alj-H300889-2023-10-02","pdf":"https://labor.arkansas.gov/wp-content/uploads//BENNETT_LAURA_H300889_20231002.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}