{"id":"alj-H301373-2024-01-30","awcc_number":"H301373","decision_date":"2024-01-30","opinion_type":"alj","claimant_name":"Taylor Butler","employer_name":"Amazon.Com Services, LLC","title":"BUTLER VS. AMAZON.COM SERVICES, LLC AWCC# H301373JANUARY 30, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BUTLER_TAYLOR_H301373_20240130.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BUTLER_TAYLOR_H301373_20240130.pdf","text_length":9712,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n  \n                                                        AWCC CLAIM NO.: H301373 \n \nTAYLOR N. BUTLER,  \nEMPLOYEE                                                                                                                CLAIMANT                                   \n \nAMAZON.COM SERVICES, LLC,  \nEMPLOYER                                                                                                           RESPONDENT  \n \nAMERICAN ZURICH INSURANCE COMPANY,              \nINSURANCE CARRIER                                                                                       RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES, INC., \nTHIRD PARTY ADMINISTRATOR (TPA)                                                        RESPONDENT \n                                                                                                                                                                                  \n                                               \nOPINION FILED JANUARY 30, 2024    \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n  \nThe Claimant, pro se, did not appear at the hearing. \n \nRespondents represented by the Honorable Rick Behring, Jr., Attorney at Law, Little Rock, \nArkansas. \n \n                                                     STATEMENT OF THE CASE      \n \nThis  matter  comes  before  the  Commission  pursuant  to  the  Motion  to  Dismiss  filed  by \nRespondents.    A  hearing  on  the  motion  was  conducted  on  November  15,  2023,  in  Little  Rock, \nArkansas.  Thus, the sole issue for determination is whether this claim should be dismissed due to \nthe Claimant’s failure to prosecute it under Ark. Code Ann. §11-9-702 (a)(4), §11-9-702 (d) (Repl. \n2012), and/or Arkansas Workers’ Compensation Commission Rule 099.13. \n The  Claimant,  per  my  review  of  Commission  records  is  pro  se,  failed  to  appear  at  the \nhearing. The record consists of the November 15, 2023, hearing transcript.  Admitted into evidence \nwas Respondents’ Exhibit 1, pleadings, correspondence and forms related to this claim, consisting \n\nButler – H301373 \n \n2 \n \nof fourteen numbered pages.  Additionally, in order to adequately address this matter under Ark. \nCode Ann. § 11-9-705(a)(1) (Repl. 2012)(Commission must “conduct the hearing  . . . in a manner \nwhich best ascertains the rights of the parties”), and without objection, I have blue-backed to the \nrecord forms, pleadings, and correspondence from the Commission’s file on the claim, consisting \nof  twenty-six  pages.  In  accordance  with Sapp  v.  Tyson  Foods,  Inc.,  2010  Ark.  App.  517,  ___ \nS.W.3d ___, these documents have been served on the parties in conjunction with this opinion. \nReasonable notice of the dismissal hearing was had on all the parties in the manner set by \nlaw.   \n No testimony was taken at the hearing. \n                            Background \nThe record reflects the following procedural history: \nThe Claimant’s former attorney filed a Form AR-C with the Commission on February 28, \n2023, asserting Claimant’s entitlement to workers’ compensation benefits.  Per this document, the \nClaimant’s attorney described the cause of injury as follows: “Claimant was injured in the course \nand scope of employment.  Claimant sustained injuries to the back and other whole body.” The \ndate of the Claimant’s alleged accidental work-related injury was February 13, 2023.  According \nto  this  document,  the Claimant’s counsel  marked  all  the  boxes  for  both  initial  and  additional \nworkers’ compensation benefits.  Yet, at that time, there was no request for a hearing made by the \nClaimant’s attorney.       \nOn  or  about  April  4,  2023,  the  Respondents  filed  a  Form  AR-2  with  the  Commission \naccepting  limited  liability  in  this  claim.   Specifically,  the  claims  adjuster  stated  that  this  was  a \n“medical only” claim. \n\nButler – H301373 \n \n3 \n \nThe  Claimant’s  former  attorney  requested  to  withdraw  as  counsel  of  record for  the \nClaimant in this matter on April 20, 2023.  The Full Commission entered an order on May 2, 2023, \ngranting the Claimant’s attorney motion to withdraw from representing the Claimant in this \nworkers’ compensation claim.   \n Still, the Claimant has not attempted to pursue or otherwise resolve this claim for workers’ \ncompensation benefits since the filing of the Form AR-C in February 2023. \nOn February 11, 2023, the Respondents filed a Motion to Dismiss and Incorporated Brief \nin Support with the Commission accompanied by a certificate of service to the Claimant indicating \nthat they served a copy of the pleading on the Claimant by depositing a copy thereof in the United \nStates Mail.   \nThe  Commission  sent  a  letter  advising  the  Claimant  of the  Respondents’  motion  on \nSeptember 12, 2023, which was certified mail and first-class mail.  Per this letter, the Claimant \nwas given twenty (20) days from the date of that letter to file a response to the motion.  \nThe  letter  mailed  to  the  Claimant  by  first  class  mail  has  not  been  returned  to  the \nCommission.    However,  the  letter  mailed  to  the  Claimant  by  certified  mail  was  returned  to  the \nCommission  marked  as “RETURN TO SENDER –  TEMPORAILY  AWAY –  RETURN  TO \nSENDER.”      \nStill, to date, there has been no response from the Claimant in this regard. \nOn October 9, 2023, the Commission sent a Notice of Hearing to the parties letting them \nknow that a hearing was scheduled for November 15, 2023, on the Respondents’ motion to dismiss. \nSaid notice was mailed to the Claimant by certified and first-class mail.       \nTracking information received by the Commission from the United States Postal Service \ndid not show any delivery information on this item.  On November 13, 2023, the notice sent by \n\nButler – H301373 \n \n4 \n \ncertified mail to the Claimant was returned to the Commission because they were unable to deliver \nit to the Claimant.   However, the letter mailed to the Claimant via first-class mail has not been \nreturned to the Commission.     \nStill, there was no response from the Claimant.   \nHowever,  a  hearing  was  in  fact  conducted on the Respondents’ motion  to  dismiss  as \nscheduled.  The Claimant failed to appear at the hearing to object to  the claim being dismissed.  \nNevertheless, the Respondents’ attorney asked that the claim be dismissed under Ark. Code Ann. \n§11-9-702  (a)(4),  §11-9-702  (d),  and  Commission  Rule  099.13 due to the Claimant’s failure to \nprosecute said claim for workers’ compensation benefits.  \nReview of the evidence shows that the Claimant has failed to respond to the written notices \nof this Commission and did not appear at the hearing to object to the dismissal.  Moreover, since \nthe  filing  of  the  Form  AR-C  in  February  2023,  the  Claimant  has  not  requested  a  hearing.  \nConsidering all the foregoing, I am persuaded to conclude that the Claimant has abandoned this \nclaim for workers’ compensation benefits.  \nAccordingly,  based  on  my  review  of  the  documentary  evidence,  and  all  other  matters \nproperly before the Commission, I find that the Respondents’ motion  to  dismiss  this  claim  is \nwarranted  under  the  provisions  of  Ark.  Code  Ann.  §11-9-702  (a)(4),  §11-9-702  (d),  and  Rule \n099.13 of this Commission.  Said dismissal is without prejudice, to the refiling of this claim within \nthe limitation period specified by law. \n                                  FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on the record, I hereby make the following findings of fact and conclusions of law \nin accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim. \n\nButler – H301373 \n \n5 \n \n \n2. Claimant’s former attorney filed a Form AR-C with the Commission in this \nmatter  asserting  the  Claimant’s entitlement to workers’  compensation \nbenefits due to an incident occurring at work on February 13, 2023. \n \n3. Subsequently, the Claimant’s attorney filed a motion to be relieved as \ncounsel of record, which was granted by the Full Commission.  \n \n4. Since this time, and the filing of the Form AR-C, the Claimant has failed to \nmake a bona fide request for a hearing in this matter.    \n \n5. The Respondents filed a Motion to Dismiss this claim in September 2023. \n \n6.         Reasonable notice of the Motion to Dismiss and hearing was had on all the \nparties.    The  Claimant  has  failed  to  respond  to  the  notices  of  this \nCommission and did not appear at the hearing to object to this claim being \ndismissed.   \n \n7.         The evidence preponderates that the Respondents’ motion for dismissal for   \n            a lack of prosecution is warranted.   \n \n8.        That the Respondents’ motion to dismiss is hereby granted pursuant to Ark.  \nCode  Ann.  §11-9-702  (a)(4),  §11-9-702  (d),  and  Rule  099.13 without \nprejudice, to the refiling of the claim within the specified limitation period.   \n \nORDER \nIn accordance with the foregoing findings of fact and conclusions of law, this claim is  \nhereby dismissed without prejudice, pursuant to Ark. Code Ann. §11-9-702 (a)(4), §11-9-702 (d), \nand Commission Rule 099.13 to the refiling of it within the specified limitation period.        \nIT IS SO ORDERED. \n   \n                                                                     ________________________________ \n                                                                                     CHANDRA L. BLACK  \n                                                    Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC CLAIM NO.: H301373 TAYLOR N. BUTLER, EMPLOYEE CLAIMANT AMAZON.COM SERVICES, LLC, EMPLOYER RESPONDENT AMERICAN ZURICH INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT OPINION FIL...","fetched_at":"2026-05-19T22:58:54.963Z","links":{"html":"/opinions/alj-H301373-2024-01-30","pdf":"https://labor.arkansas.gov/wp-content/uploads/BUTLER_TAYLOR_H301373_20240130.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}