{"id":"alj-H302925-2024-02-13","awcc_number":"H302925","decision_date":"2024-02-13","opinion_type":"alj","claimant_name":"Tonya Banks","employer_name":"B D E Investments, LLC","title":"BANKS VS. B D E INVESTMENTS, LLC AWCC# H302925 & H302926 FEBRUARY 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","denied:1"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BANKS_TONYA_H302925_H302926_20240213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BANKS_TONYA_H302925_H302926_20240213.pdf","text_length":3275,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H302925 and H302926 \n \nTONYA BANKS, EMPLOYEE         CLAIMANT \n \nB D E INVESTMENTS, LLC, EMPLOYER           RESPONDENT \n \nACCIDENT FUND GENERAL INS. CO, CARRIER/TPA         RESPONDENT \n            \nOPINION FILED FEBRUARY 13, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on February 13, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by Ms. Karen H. McKinney, Attorney-at-Law of Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above-styled matter on February 13, 2024, in Little Rock, \nArkansas on respondents’ Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’  Compensation \nAct.  The claimant was pro se and failed to appear for the hearing.  The claimant had filed \nmultiple Form AR-C’s in H302925 with the initial Form AR-C filing marked on or about  on \nMay 5, 2023.  The First Report of Injury in regard to this claim was filed on May 10, 2023, \nproviding that the claimant had been run into and she,  “hit machinery injuring abdomen \nand pelvic  area.”    The  Form  AR-2  filed  on  May  17,  2023,  provided  that  the  claim  was \naccepted as medical only and the claimant did not miss any work.   \nIn regard to the claim filed as H302926, the claimant contended that she injured \nmultiple body parts including her shoulder.  The First Report of Injury was filed on May \n17, 2021, stating that the claimant was injured while driving a vehicle, and the Form AR-\n\n2 filed on the same date, denied the claim. The claimant was originally represented by \nMr. Mark Alan Peoples on both claims and he was allowed to withdraw by an Order from \nthe Full Commission dated August 25, 2023.   A Motion to Dismiss was filed on November \n21,  2023,  requesting  that  the  matter  be  dismissed  for  failure  to  prosecute  pursuant  to \nCommission Rule 099.13 and Ark. Code Ann. § 11-9-702.  The claimant has not requested \na hearing to date and more than six (6) months have passed since the filing of the original \nclaim.   \n Appropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss was set for February 13, 2024, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nKaren H. McKinney appeared on behalf of the respondents and asked that the matter be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent,  I  find  that  this  matter  should  be  dismissed  without  prejudice,  for failure  to \nprosecute  pursuant  to  Ark.  Code  Ann.  §  11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthese claims in their entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302925 and H302926 TONYA BANKS, EMPLOYEE CLAIMANT B D E INVESTMENTS, LLC, EMPLOYER RESPONDENT ACCIDENT FUND GENERAL INS. CO, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pul...","fetched_at":"2026-05-19T22:57:24.905Z","links":{"html":"/opinions/alj-H302925-2024-02-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/BANKS_TONYA_H302925_H302926_20240213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}