{"id":"alj-H303023-2024-02-13","awcc_number":"H303023","decision_date":"2024-02-13","opinion_type":"alj","claimant_name":"Kimberly Broughton","employer_name":"Conway County Center For Exceptional Children, Inc","title":"BROUGHTON VS. CONWAY COUNTY CENTER FOR EXCEPTIONAL CHILDREN, INC. AWCC# H303023 FEBRUARY 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["back","knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BROUGHTON_KIMBERLY_H303023_20240213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BROUGHTON_KIMBERLY_H303023_20240213.pdf","text_length":3225,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303023 \nKIMBERLY BROUGHTON, EMPLOYEE       CLAIMANT \n \nCONWAY COUNTY CENTER FOR EXCEPTIONAL  \nCHILDREN, INC., EMPLOYER                RESPONDENT \n \nATA WORKERS’ COMP SI TRUST, CARRIER/TPA           RESPONDENT \n            \nOPINION FILED FEBRUARY 13, 2024 \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  Mr.  Jarrod  S.  Parrish,  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 \na Form AR-C on May 10, 2023, contending that she had injured her back, left knee, and \nwhole body   The First Report of Injury in regard to this claim was filed on May 11, 2023, \nproviding  that  the  claimant contended  she  had  been  sitting  on  the  claimant’s  transport \nbus two (2) days earlier assisting clients as a rider and they were hit by another vehicle, \ncausing  the  claimant  to  fall  out  of  her  seat.  The  Form  AR-2  filed  on  May  11,  2023, \nprovided that the claim was a medical only claim and all benefits were being paid.   \nThe claimant was originally represented by Laura Beth York who was allowed to \nwithdraw  by  an  Order  from  the  Full  Commission  dated  May  25,  2023.      A  Motion  to \nDismiss  was  filed  on  November 13,  2023,  requesting  that  the  matter  be  dismissed  for \n\nfailure to prosecute pursuant to Commission Rule 099.13 and Ark. Code Ann. §11-9-702.  \nThe  claimant  has  not  requested  a  hearing  to  date  and  more  than  six  (6)  months  have \npassed since the filing of the original claim nor is there any record of her contacting the \nCommission after the date her attorney was allowed to withdraw.   \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, \nJarrod S. Parrish 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 \nthis claim in its 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. H303023 KIMBERLY BROUGHTON, EMPLOYEE CLAIMANT CONWAY COUNTY CENTER FOR EXCEPTIONAL CHILDREN, INC., EMPLOYER RESPONDENT ATA WORKERS’ COMP SI TRUST, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 13, 2024 Hearing before Administrative Law Judge James D. Kenned...","fetched_at":"2026-05-19T22:57:26.968Z","links":{"html":"/opinions/alj-H303023-2024-02-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/BROUGHTON_KIMBERLY_H303023_20240213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}