{"id":"alj-H301227-2024-03-21","awcc_number":"H301227","decision_date":"2024-03-21","opinion_type":"alj","claimant_name":"Chavaun Hopkins","employer_name":"International, Inc. D/b/a Chili’s Bar & Grill","title":"HOPKINS VS. INTERNATIONAL, INC. d/b/a CHILI’S BAR & GRILL AWCC# H301227 MARCH 21, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HOPKINS_CHAVAUN_H301227_20240321.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HOPKINS_CHAVAUN_H301227_20240321.pdf","text_length":2618,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H301227 \n \nCHAVAUN HOPKINS, EMPLOYEE       CLAIMANT \n \nINTERNATIONAL, INC. d/b/a \nCHILI’S BAR & GRILL, EMPLOYER               RESPONDENT \n \nSAFETY NATIONAL CASUALTY CORP./ \nHELMSMAN MNGMT. CORP., CARRIER/TPA         RESPONDENT \n  \n \n \nOPINION FILED 21 MARCH 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative  Law \nJudge JayO. Howe, 20 March 2024, in Little Rock, Pulaski County, Arkansas. \n \nThe pro se claimant did not appear. \n \nMr. David C. Jones, Attorney-at-Law of Little Rock, Arkansas, 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 20 March 2024.  This case relates to an alleged workplace injury \nsustained on 14 February 2023, when she slipped on a lemon wedge.  A First Report of Injury \nwas filed on 22 February 2023.  A Form AR-2 was filed on 28 February 2023 accepting the \nclaim.  On 25 April 2023, a Form AR-C was filed by the claimant’s counsel.  \n On 18 September 2023, claimant’s counsel sought to withdraw from the case, and by \nits Order dated 3 October 2023, the Full Commission granted that request to withdraw. \n The respondents filed their Motion to Dismiss for Failure to Prosecute on 14 December \n2023, stating that the claimant had not sought a hearing on any matter at controversy in the \nsix (6) months preceding that filing.  The claimant did not file an objection to the dismissal \nor  appear  at  the  hearing  to  argue  against  the  respondents’  motion. The  respondents \n\nC. HOPKINS- H301227 \n2 \n \nappeared, presented their motion, and offered supporting evidence into the record. As argued \nby the respondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of that motion.  \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 099.13 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. \nORDER \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 H301227 CHAVAUN HOPKINS, EMPLOYEE CLAIMANT INTERNATIONAL, INC. d/b/a CHILI’S BAR & GRILL, EMPLOYER RESPONDENT SAFETY NATIONAL CASUALTY CORP./ HELMSMAN MNGMT. CORP., CARRIER/TPA RESPONDENT OPINION FILED 21 MARCH 2024 Heard before Arkansas Workers’ Compens...","fetched_at":"2026-05-19T22:56:47.298Z","links":{"html":"/opinions/alj-H301227-2024-03-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/HOPKINS_CHAVAUN_H301227_20240321.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}