{"id":"alj-H302598-2025-08-21","awcc_number":"H302598","decision_date":"2025-08-21","opinion_type":"alj","claimant_name":"Trummonique Shabazz","employer_name":"Adecco USA, Inc","title":"SHABAZZ VS. ADECCO USA, INC. AWCC# H302598 August 21, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:4"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SHABAZZ_TRUMMONIQUE_H302598_20250821.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHABAZZ_TRUMMONIQUE_H302598_20250821.pdf","text_length":4864,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H302598 \n \nTRUMMONIQUE SHABAZZ, EMPLOYEE       CLAIMANT \n \nADECCO USA, INC., EMPLOYER                        RESPONDENT \n \nAIU INSURANCE CO./SEDGWICK CLAIMS MANAGEMENT, \nCARRIER/TPA                    RESPONDENT \n  \n \n \nOPINION FILED 21 AUGUST 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 18 June 2025 in Little Rock, Arkansas. \n \nThe pro se claimant failed to appear. \n \nAnderson Murphy Hopkins, LLP, Mr. Randy Murphy, 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 18 June 2025. This case relates to an alleged workplace injury occurring \non 12 April 2023. The record of the hearing consists of the transcript; Respondents’ Exhibit \nNo 1, which consisted of nine pages of documents and pleadings in support of their motion; \nCommission’s Exhibit No 1, six pages of correspondence and an Order on a request to \nwithdraw filed by the claimant’s previous counsel; and Commission’s Exhibit No 2, a Form \nAR-C filed on 14 May 2024 and three delivery receipts from Commission correspondence \nwith the claimant. Also, I am blue-backing to this opinion the hearing notice sent to the \nclaimant on 7 May 2025. In accordance with Sapp v. Tyson Foods, Inc., 2010 Ark. App. 517, \n2010 Ark. App. LEXIS 549, that document is being served on the parties in conjunction \nwith this opinion. \n\nT. SHABAZZ- H302598 \n2 \n \nOn 9 May 2023, the claimant, though then-counsel, filed an initial Form AR-C. A \nsecond Form AR-C was filed on 14 May 2024. Claimant’s counsel requested leave to \nwithdraw as counsel on 3 February 2025. The claimant objected to the same in a letter \ndated 8 February 2025. Counsel responded to the claimant’s objection in a letter dated 25 \nFebruary 2025. In an Order dated 25 March 2025, I granted Counsel’s request to withdraw \nher representation from this matter.  \nThe respondents then requested that this claim be dismissed under Commission \nRule 099.13 (now codified at 11 C.A.R. § 25-110(d)) and/or A.C.A. § 11-9-702. They note that \nthe claimant had not requested a hearing on an issue ripe for litigation.  \n Notice of the respondents’ motion was sent to the address provided by the claimant \nin the letter objecting to the withdrawal. Consistent with Commission practices, notices \nwere sent via First Class Mail and Certified Mail. Notice of the hearing on the respondents \nwas sent in the same manner. Receipt of the 7 May 2025 hearing notice letter was \nconfirmed by the claimant’s signature on 9 May 2025. \nFINDINDGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on the motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute his \nclaim under 11 C.A.R. § 25-110(d). \n \n4. The Motion to Dismiss is hereby granted; this claim is dismissed without \nprejudice under 11 C.A.R. § 25-110(d). \n \n \n \n \n \n\nT. SHABAZZ- H302598 \n3 \n \nDISCUSSION \nThe respondents appeared on 18 June 2025 and presented their motion. As argued \nby the respondents at the hearing, Commission Rule 099.13 (now 11 C.A.R. § 25-110(d)) \nprovides for a dismissal for failure to prosecute an action upon application by either party \nand reasonable notice. The claimant did not file a response to the motion or appear at the \nhearing to argue against the dismissal of his claim.  \nNearly two years after filing his initial Form AR-C, Claimant’s counsel requested \nleave to withdraw, noting that she had discussed the matter with the claimant in advance \nof her request. The last action taken on behalf of the claimant appears to be his letter \nresponding to her withdrawal request. The claimant stated that he was “conflicted by this \nrequest.” He also stated that he “would be satisfied if the council (sic) would continue until \nthe case is concluded.” Counsel filed a response and noted that no additional benefits \nappeared to be available to the claimant. I later granted the request to end the attorney-\nclient relationship in this matter. No filings have been made by the claimant since the \nentry of that Order. \nThe claimant did not appear to object to the dismissal of his claim. The record does \nnot reflect a request for a hearing. A dismissal without prejudice is, therefore, appropriate.  \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 H302598 TRUMMONIQUE SHABAZZ, EMPLOYEE CLAIMANT ADECCO USA, INC., EMPLOYER RESPONDENT AIU INSURANCE CO./SEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA RESPONDENT OPINION FILED 21 AUGUST 2025 Heard before Arkansas Workers’ Compensation Commission (“the Commission...","fetched_at":"2026-05-19T22:37:52.051Z","links":{"html":"/opinions/alj-H302598-2025-08-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SHABAZZ_TRUMMONIQUE_H302598_20250821.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}