{"id":"alj-H301113-2024-11-12","awcc_number":"H301113","decision_date":"2024-11-12","opinion_type":"alj","claimant_name":"Belinda Tye","employer_name":"Fedex Ground Pk’g System, Inc","title":"TYE VS. FEDEX GROUND PK’G SYSTEM, INC. AWCC# H301113 November 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/TYE_BELINDA_H301113_20241112.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TYE_BELINDA_H301113_20241112.pdf","text_length":5746,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H301113 \n \n \nBELINDA TYE,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nFEDEX GROUND PK’G SYSTEM, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nFEDEX GROUND PK’G SYSTEM, INC./ \nSEDGWICK CLAIMAS MG’T SERVICES, INC. \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                     \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED NOVEMBER 12, 2024 \n \n \nHearing conducted on Tuesday, November 12, 2024, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nin Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Ms. Belinda Tye, pro se, of Little Rock, Pulaski County, Arkansas, failed and/or \nrefused to appear at the hearing.  \n \nThe respondents were represented by the Honorable Zachary Ryburn, Matthews, The Ryburn \nLaw Firm, Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n          A hearing was conducted on Tuesday, November 12, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n          The claimant herein previously was represented by counsel, the Honorable Laura Beth York \nof the Rainwater, Holt & Sexton law firm in Little Rock, Pulaski County, Arkansas. A prehearing \nteleconference was conducted on November 14, 2023, which resulted in a prehearing order filed \nNovember 21, 2023, scheduling a hearing date for Wednesday, February 21, 2024. The claimant \n\nBelinda Tye, AWCC No. H301113 \n2 \n \nhad failed and/or refused to timely respond to the respondents’ discovery requests, which resulted \nin the respondents filing a motion to compel discovery on June 11, 2024.  \n         On  July  26,  2024,  citing  an  inability  to  contact  and  communicate  with  the  claimant,  the \nclaimant’s attorney/Ms. York filed with the Commission a motion to withdraw as the claimant’s \ncounsel. By unanimous order  filed August  14,  2024, the  Full  Commission  granted Ms. York’s \nrequest  to  withdraw  as  the  claimant’s  counsel. Soon  thereafter, by motion filed  with  the \nCommission on September 13, 2024 (MTD), the  respondents requested this claim be dismissed \nfor lack of prosecution pursuant to the aforementioned statute and Commission rule.  \n        In compliance with the applicable law the claimant was provided due and legal notice of the \nrespondents’ MTD as well as the date, time, and location of the subject hearing. The claimant did \nnot respond in writing to the respondents’ motion in  any  way,  and she failed  and/or  refused  to \nappear at the subject hearing. \n       The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \n \nDISCUSSION \n       Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof  the  evidence  introduced  at  the  hearing and  contained  in  the  record conclusively  reveals  the \nclaimant has failed and/or refused to prosecute her claim at this time. \n\nBelinda Tye, AWCC No. H301113 \n3 \n \n     Therefore, after a thorough consideration of the facts, issues, the applicable law, representations \nof counsel, and other relevant matters of record, I hereby make the following: \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nfiled September  13,  2024,  as  well  as notice  of the date, time,  and  place of  the  subject \nhearing, the claimant failed and/or refused to respond in any way to the respondents’ MTD, \nand she failed and/or refused to appear at the hearing. Therefore, the claimant is deemed to \nhave waived her right to a hearing on the respondents’ MTD. \n \n3. The respondents’ MTD without prejudice filed September 13, 2024, should be and hereby \nis GRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the \ndeadlines  prescribed by Ark.  Code  Ann. Section  11-9-702(a)  and  (b),  and Commission \nRule 099.13. \n \n      This Order shall not be construed to prohibit the claimant, her attorney, any attorney she may \nretain in the future, or anyone acting legally and on her behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n      If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n      IT IS SO ORDERED. \n                                                            \n____________________________                                                                                      \n                                                                        Mike Pickens \n                                                                          Administrative Law Judge \n \n \n \n \nMP/mp \n \n \n \n\nBelinda Tye, AWCC No. H301113 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H301113 BELINDA TYE, EMPLOYEE CLAIMANT FEDEX GROUND PK’G SYSTEM, INC., EMPLOYER RESPONDENT FEDEX GROUND PK’G SYSTEM, INC./ SEDGWICK CLAIMAS MG’T SERVICES, INC. CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED NOVEMBER 12, 2024","fetched_at":"2026-05-19T22:46:19.609Z","links":{"html":"/opinions/alj-H301113-2024-11-12","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/TYE_BELINDA_H301113_20241112.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}