{"id":"alj-H303330-2024-10-22","awcc_number":"H303330","decision_date":"2024-10-22","opinion_type":"alj","claimant_name":"Alma Hicks","employer_name":"Hamburg Jr. High School","title":"HICKS VS. HAMBURG JR. HIGH SCHOOL AWCC# H303330 October 22, 2024","outcome":"dismissed","outcome_keywords":["dismissed:11","denied:4"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HICKS_ALMA_H303330_20241022.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HICKS_ALMA_H303330_20241022.pdf","text_length":8639,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n  \n                                                        CLAIM NO.: H303330 \n \nALMA HICKS,   \nEMPLOYEE                                                                                                                CLAIMANT                                                    \n \nHAMBURG JR. HIGH SCHOOL,  \nEMPLOYER                                                                                                            RESPONDENT  \n \nAR SCHOOL BOARDS ASSOC. WCT,              \nINSURANCE CARRIER/TPA                                                                               RESPONDENT \n      \n        \n                                              OPINION FILED OCTOBER 22, 2024    \n \nHearing held before Administrative Law Judge Chandra L. Black, in El Dorado, Union County, \nArkansas. \n  \nThe Claimant, pro se, appeared at the hearing. \n \nRespondents represented by the Honorable Melissa Wood, Attorney at Law, Little Rock, \nArkansas. \n \n                                                     STATEMENT OF THE CASE      \n \nThis matter comes before the Commission pursuant to the Motion to Dismiss filed by the \nRespondents.    A  hearing  on  the  motion  was  conducted  on September  4,  2024,  in El  Dorado, \nArkansas.  Thus, the sole issue for determination is whether this claim should be dismissed due to \nthe Claimant’s failure  to prosecute it  under Ark.  Code  Ann.  §11-9-702 (Repl.  2012),  and/or \nArkansas Workers’ Compensation Commission Rule 099.13. \n The record consists of September 4, 2024, hearing transcript and exhibits.  In that regard, \nCommission’s Exhibit No. 1 includes three actual pages, which has been marked accordingly, \nand Respondents’ Exhibit 1 consisting of ten numbered pages was marked as thus so.   \n The Claimant, Ms. Alma Hicks appeared for the hearing and gave testimony.  \n\nHICKS – H303330 \n \n \n2 \n \nReasonable notice of the dismissal hearing was had on all the parties in the manner set by \napplicable law.   \n                            Background \nThe record reflects the following procedural history: \nThe Claimant’s former attorney filed a Form AR-C,  with  the  Commission  on  May  23, \n2023, alleging that the Claimant sustained an accidental injury on March 14, 2023, while working \nfor Hamburg Jr. High School.  According to this form, the Claimant allegedly sustained injuries \nto  her  face  and  head while  moving  a  desk.  The Claimant’s former attorney requested only \nadditional benefits.    \nThe  Respondents  initially  filed  a  Form  AR-2  with  the  Commission  accepting  this  as  a \nmedical  only  claim.    Subsequently, the  Respondents  filed an  amended  Form  AR-2  filed on \nSeptember 18, 2023, accepting the claim as being compensable and paid some medical benefits \nand temporary total disability compensation in this matter.   \nThe Claimant’s attorney requested to withdraw from representing the Claimant in this \nmatter.  On June 25, 2024, the Full Commission entered an order allowing the Claimant’s attorney \nto withdraw from representing the Claimant in his case. \nSince the filing of Form AR-C, the Claimant has failed to pursue her claim for additional \nworkers’ compensation benefits.  Hence, the Claimant failed to make a bona fide request for a \nhearing on this matter.   \nThe  Respondents  filed  with  the  Commission  on  July  8,  2024,  a  Motion  to  Dismiss  for \nFailure to Prosecute, along with a Certificate of Service to the Claimant.   \n\nHICKS – H303330 \n \n \n3 \n \nOn July 12, 2024, my office wrote to the Claimant and requested a response to the motion \nwithin twenty days.  The letter was sent by first-class and certified mail to the address listed by the \nClaimant with the Commission.   \nA dismissal hearing notice was sent to the parties on August 2, 2024, scheduling the hearing \nfor September 4, 2027, at 9:30 a.m. at the Union County Courthouse, in El Dorado.   Said notice \nwas sent to Claimant by first-class and certified mail at the same address as before.  Per tracking \ninformation received from the United States Postal Service, the dismissal hearing notice sent via \ncertified  mail was  delivered to  the  Claimant  on  August  5,  2024.  The  first-class  letter  was  not \nreturned.    Thus,  the evidence preponderates  that the Claimant  received proper notice  of  the \ndismissal hearing.  \nIn  the  case  at the  bar,  a hearing  was in  fact conducted on the Respondents’ motion  to \ndismiss as scheduled.  The Claimant also appeared at the hearing.  The Respondents appeared at \nthe hearing through their lawyer.  Counsel argued for dismissal of this case because the Claimant \nhas not sought any type of bona fide hearing since the filing of the Form AR-C in May of 2023.  \nSpecifically, counsel moved for dismissal of this claim under the authority of Ark. Code Ann. §11-\n9-702 (Repl.   2012), and/or Arkansas  Workers’  Compensation   Commission   Rule   099.13.  \nHowever, the Claimant requested that her claim not be dismissed at this time.  Specifically, she \nindicated  that  she  has  experienced  some  personal  challenges  and  been  unable  to  prosecute  her \nclaim.    However,  the  Claimant  indicated  that  she  intends  to  pursue  her  claim  for  additional \nworkers’ compensation benefits in the near future.   \n \n \n \n\nHICKS – H303330 \n \n \n4 \n \n            Discussion  \nIn that regard, Ark. Code Ann. §11-9-702(d) provides:  \nIf within six (6) months after the filing of a claim for additional compensation, no \nbona fide request for a hearing has been made with respect to the claim, the claim \nmay, upon motion and after hearing, if necessary, be dismissed without prejudice \nto the refiling of the claim within the limitation period specified in subsection (b) \nof this section. \n \n            AWCC 099.13 reads:  \nUpon meritorious application to the Commission from either party in an action pending \nbefore the Commission, requesting that the claim be dismissed for want of prosecution, \nthe Commission may, upon reasonable notice to all parties, enter an order dismissing the \nclaim for want of prosecution.  \n \nAs the moving party, Respondents under Ark. Code Ann. § 11-9-705(a)(3) (Repl. 2012) \nmust prove their entitlement to the relief requested—dismissal of this matter—by a preponderance \nof  the  evidence.    This  standard  means  the  evidence  having  greater  weight  or convincing  force.  \nBarre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415; Smith v. Magnet Cove Barium Corp., 212 Ark. \n491, 206 S.W.2d 442 (1947).  \n  With  respect  to the  evidence  recounted  above,  (1)  the  parties  were  provided  reasonable \nnotice of the Motion to Dismiss and the hearing on it; and (2) the Claimant has failed to pursue her \nclaim  because  she  has  taken  no  further  action  in  pursuit  of  it  since  the  filing  of  her claim  for \nadditional benefits on May 23, 2023.  However, the Claimant appeared at  the dismissal hearing \nand asked that her claim not be dismissed because she intends to pursue her claim.     \n            After considering the evidence before me, I find that the Respondents’ motion to dismiss \nthis claim due to a lack of prosecution to be well taken.  However, I find that the dismissal of this \nclaim should be denied at this time because the Claimant has indicated that she intends to pursue \n\nHICKS – H303330 \n \n \n5 \n \nadditional benefits in this matter.  Accordingly, the Respondents’ motion to dismiss this claim is \nhereby respectfully denied. \n Of note, during the hearing, the Claimant was cautioned that failure to prosecute her claim \ncould result in it being dismissed.  \n                             FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on the record, I hereby make the following findings of fact and conclusions of law \nin accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim. \n \n2.         Reasonable notice of the motion to dismiss and hearing was had on all the \nparties.   \n \n3.      The Respondents’ motion to dismiss is hereby respectfully denied.  \n \n \n        ORDER \n \nIn accordance with the foregoing findings of fact and conclusions of law set forth above, \nthe Respondents’ Motion to Dismiss for Failure to Prosecute is hereby respectfully denied at this \ntime. \nIT IS SO ORDERED. \n   \n                                                                     ________________________________ \n                                                                                     CHANDRA L. BLACK  \n                                                    Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H303330 ALMA HICKS, EMPLOYEE CLAIMANT HAMBURG JR. HIGH SCHOOL, EMPLOYER RESPONDENT AR SCHOOL BOARDS ASSOC. WCT, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 22, 2024 Hearing held before Administrative Law Judge Chandra L. Black, in El Dorado, Uni...","fetched_at":"2026-05-19T22:47:58.290Z","links":{"html":"/opinions/alj-H303330-2024-10-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HICKS_ALMA_H303330_20241022.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}