{"id":"alj-H302429-2024-01-31","awcc_number":"H302429","decision_date":"2024-01-31","opinion_type":"alj","claimant_name":"Mariah Taylor","employer_name":"Jonesboro School District","title":"TAYLOR VS. JONESBORO SCHOOL DISTRICT AWCC# H302429 JANUARY 31, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:3","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Taylor_Mariah_H302429-_20240131.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Taylor_Mariah_H302429-_20240131.pdf","text_length":4456,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H302429 \n \nMARIAH TAYLOR, \nEMPLOYEE                                                                                                              CLAIMANT \n \nJONESBORO SCHOOL DISTRICT, \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nARKANSAS SCHOOL BDS ASSN., \nTHIRD PARTY ADMINISTRATOR                                                                RESPONDENT \n \nOPINION FILED JANUARY 31, 2024 \n \nHearing  conducted  on  Friday,  January  26,  2024, before the Arkansas Workers’  Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ)  Steven  Porch,  in  Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Ms. Mariah Taylor, pro se, of Brookland, Arkansas, did not appear in person at the \nhearing.  \n \nThe Respondents were represented by the Honorable Melissa Wood, Little Rock, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n  The  Claimant  worked  for  the  Respondent/Employer  as  a  bus  aide.  She  was  injured  on \nMarch  28,  2023,  when  another  vehicle  backed  into  the  bus,  she  was  riding causing Claimant’s \nknees  to  slam  into  the  bar  of  the  seat  in  front  of  her.  The  Claimant  reported  her  injury  to  the \nRespondent/Arkansas  School  Boards  Association  on  March  29,  2023.  The  claim  was  initially \naccepted  by  Respondents  as  medical-only,  but  was  later  denied  on  April  14,  2023,  concluding \nthere was no injury in the course  and scope of employment.   The Claimant then filed her Form \nAR-C  on  April  19,  2023,  through  her  attorney  Mark  Peoples.  However,  Mark  Peoples  filed a \nMotion  to  Withdraw,  and  it  was  granted  on November 14, 2023. Since the filing of Claimant’s \nAR-C on March 29, 2023, this claim has not been pushed to a full hearing.  \n\nTAYLOR, AWCC No. H302429 \n \n2 \n \nThe Respondents filed a Motion to Dismiss on November 17, 2023, requesting this claim \nbe dismissed for lack of prosecution. The Claimant was sent notice of the Motion to Dismiss from \nthe Commission on November 20, 2023. The Claimant did not respond to the motion in writing. \nIn accordance with applicable Arkansas law, the Claimant was mailed due and proper legal notice \nof both the respondents’ motion to dismiss and the hearing notice at her current address of record \nvia the United States Postal Service (USPS), First Class Certified Mail, Return Receipt Requested, \nwhich she received on December 23, 2023. The hearing took place January 24, 2024. The Claimant \ndid not show up to the hearing. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and  other \nrelevant matters of record, including Respondents’ Exhibit 1, non-medical records, consisting of \nnine pages and Commission Exhibit 1, Notice of Hearing and supporting documents, consisting of \n6 pages, I hereby make the following findings: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had notice of the January 26, 2024, hearing. \n \n3. The Claimant has failed to prosecute her claim under AWCC Rule 99.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted.     \n \nDISCUSSION \n Consistent  with  both Ark.  Code  Ann. §  11-9-702(a)(4)  and  AWCC  Rule  99.13,  the \nCommission scheduled and conducted a hearing on the Respondents’ Motion to Dismiss. I do find \nthat the Respondents have proven by the preponderance of the evidence, introduced at the hearing, \nand contained in the record, that Claimant has not requested a hearing, nor has she taken any action \n\nTAYLOR, AWCC No. H302429 \n \n3 \n \nto pursue her claim as of the hearing date. Therefore, I find by the preponderance of the evidence \nthat the Claimant has failed to prosecute her claim under AWCC Rule 99.13.  \n     CONCLUSION \n Based  on  the  Findings  of  Fact  and  Conclusions  of  Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted without prejudice. \n \n     IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H302429 MARIAH TAYLOR, EMPLOYEE CLAIMANT JONESBORO SCHOOL DISTRICT, SELF-INSURED EMPLOYER RESPONDENT ARKANSAS SCHOOL BDS ASSN., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED JANUARY 31, 2024 Hearing conducted on Friday, January 26, 2024, before the Arkan...","fetched_at":"2026-05-19T22:58:59.088Z","links":{"html":"/opinions/alj-H302429-2024-01-31","pdf":"https://labor.arkansas.gov/wp-content/uploads/Taylor_Mariah_H302429-_20240131.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}