{"id":"alj-H301869-2024-12-17","awcc_number":"H301869","decision_date":"2024-12-17","opinion_type":"alj","claimant_name":"Sharon Simpson","employer_name":"St. Vincent Infirmary Medical Center","title":"SIMPSON VS. ST. VINCENT INFIRMARY MEDICAL CENTER AWCC# H301869 December 17, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SIMPSON_SHARON_C_H301869_20241217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SIMPSON_SHARON_C_H301869_20241217.pdf","text_length":2485,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H301869 \n \nSHARON SIMPSON, EMPLOYEE       CLAIMANT \n \nST. VINCENT INFIRMARY MEDICAL CENTER,  \nEMPLOYER,                       RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA, CARRIER/ \nSEDGWICK CLAIMS MANAGEMENT, TPA            RESPONDENT \n  \n \n \nOPINION FILED 17 DECEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 11 December 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nThe Ryburn Law Firm, Mr. Jason Ryburn, 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 11 December 2024. This case relates to an alleged workplace injury \nsustained on or about 16 March 2023. A First Report of Injury was filed by the respondents \non 21 March 2023, and A Form AR-2 was filed the following day, controverting a right \nshoulder injury as pre-existing. A Form AR-C was eventually filed by the claimant, through \ncounsel, on 18 July 2023 claiming injuries to the claimant’s shoulder. The claimant’s \ncounsel subsequently sought to withdraw from the matter, and that motion was granted by \nan Order from the Full Commission dated 30 August 2024. \n The respondents filed a Motion to Dismiss for Failure to Prosecute on 23 October \n2024, citing the applicable statute and rule. The respondents appeared on 11 December \n2024, presented their motion, and offered supporting evidence into the record. As argued by \n\nS. Simpson- H301869 \n2 \n \nthe respondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of their motion. The claimant did not appear to resist the \ndismissal of her claim. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H301869 SHARON SIMPSON, EMPLOYEE CLAIMANT ST. VINCENT INFIRMARY MEDICAL CENTER, EMPLOYER, RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA, CARRIER/ SEDGWICK CLAIMS MANAGEMENT, TPA RESPONDENT OPINION FILED 17 DECEMBER 2024 Heard before Arkansas Workers’ Co...","fetched_at":"2026-05-19T22:45:41.789Z","links":{"html":"/opinions/alj-H301869-2024-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SIMPSON_SHARON_C_H301869_20241217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}