{"id":"alj-H301107-2024-01-25","awcc_number":"H301107","decision_date":"2024-01-25","opinion_type":"alj","claimant_name":"Traci Jackson","employer_name":"Carelink","title":"JACKSON VS. CARELINK AWCC# H301107 JANUARY 25, 2024","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:3"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/JACKSON_TRACI_H301107_20240125.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JACKSON_TRACI_H301107_20240125.pdf","text_length":3472,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H301107 \n \nTRACI L. JACKSON, EMPLOYEE       CLAIMANT \n \nCARELINK, EMPLOYER                      RESPONDENT \n \nAGING SERVICES FUND/RISK MANAGEMENT RESOURCES, \nCARRIER/TPA                           RESPONDENT  \n \n \nOPINION FILED 25 JANUARY 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 24 January 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant failed to appear. \n \nMs. Melissa  Wood, Worley,  Wood  &  Parrish, Attorneys-at-Law  of  Little  Rock,  Arkansas, \nappeared 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 24 January 2024. This case relates to a workplace injury sustained on or \nabout 20 December 2022, with a First Report of Injury filed with the Commission the \nfollowing day indicating that the claimant injured her leg at work. A Form AR-2, dated 1 \nMarch 2023, was then filed noting that the carrier accepted a right knee injury as a \ncompensable, medical-only claim. A Change of Physician was sought and granted (in an \nAmended Order) by the Medical Cost Containment Division on 4 May 2023. \n The respondents filed their Motion to Dismiss for Failure to Prosecute on 22 \nNovember 2023, stating that the claimant had not sought a hearing on any matter at \ncontroversy in the six (6) months preceding that filing. \n Notice of the respondents’ Motion, and then notice of a hearing date for that Motion \nwas sent to the claimant on 28 November 2023 and 22 December 2023, respectively. I will \n\nT. JACKSON- H301107 \n2 \n \nnote that it is the Commission’s practice for mail relating to Motion to Dismiss hearings sent \nto a pro se claimant be sent via USPS First-Class mail and USPS Certified Mail. Returned \nor undeliverable mail is added to the claimant’s file. The First-Class mailings of the above-\nnoted notices were not returned to the Commission, but a notice for Certified Mail being \nundeliverable was returned to the Commission dated 6 January 2024. \nThe  claimant  did  not  file  an  objection  to  the  dismissal  or  appear  at  the  hearing  to \nargue against the respondents’ Motion. As argued by the respondents at the hearing, the file \nreflects no request for a hearing on a claim in the relevant time preceding the filing of that \nMotion. Notice  of  that Motion, and  notice  of  the  hearing  on  that Motion  was sent  to  the \naddress provided by the claimant, and the claimant chose not to appear to resist the motion \nto  dismiss this  action.  The  respondents  appeared,  presented their  motion,  and  offered \nsupporting evidence into the record. \n Arkansas Code  Annotated §11-9-702(a)(4)  states  that  a  matter  may  be  dismissed \nwithout prejudice after six (6) months without a bona fide request for a hearing. Commission \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 that the respondents’ Motion to Dismiss should be granted and \nthat the matter should be dismissed without prejudice. \nVI.  ORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H301107 TRACI L. JACKSON, EMPLOYEE CLAIMANT CARELINK, EMPLOYER RESPONDENT AGING SERVICES FUND/RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED 25 JANUARY 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law...","fetched_at":"2026-05-19T22:58:44.549Z","links":{"html":"/opinions/alj-H301107-2024-01-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/JACKSON_TRACI_H301107_20240125.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}