{"id":"alj-H303365-2023-10-18","awcc_number":"H303365","decision_date":"2023-10-18","opinion_type":"alj","claimant_name":"Rebecca Dorris","employer_name":"Lake Hamilton Middle School","title":"DORRIS VS. LAKE HAMILTON MIDDLE SCHOOL AWCC# H303365 OCTOBER 18, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/DORRIS_REBECCA_H303365_20231018.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DORRIS_REBECCA_H303365_20231018.pdf","text_length":5652,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303365 \n \nREBECCA ANN DORRIS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nLAKE HAMILTON MIDDLE SCHOOL, \nEMPLOYER                                                                                                         RESPONDENT  \n \nARK. SCHOOL BOARDS ASS’N  \nWORKERS’ COMPENSATION TRUST/ \nARK. SCHOOL BOARDS ASS’N, \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \nOPINION AND ORDER FILED OCTOBER 18, 2023, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \nHearing conducted on Tuesday, October 17, 2023, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Ms. Rebecca Ann Dorris, pro se, of Hot Springs, Garland County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Melissa Wood, Worley, Wood & Parrish, \nP.A., Little Rock, Pulaski County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, October 17, 2023, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 \nLexis Replacement) and Commission Rule 099.13 (2023 Lexis Repl.). \n The respondents filed a motion to dismiss with the Commission on September 18, 2023, \nrequesting this claim be dismissed for lack of prosecution. In accordance with applicable Arkansas \nlaw, the claimant was mailed due and proper legal notice of the respondents’ motion to dismiss, \nas  well  as  a  copy  of  the  hearing  notice  at  her  addresses  of  record  via  the  United  States  Postal \nService (USPS), First Class Certified Mail, Return Receipt requested.  \n\nRebecca Ann Dorris, AWCC No. H303365 \n2 \n \n          The claimant responded to the respondents’ motion to dismiss in an email to the ALJ dated \nSeptember  26,  2023,  cc:’ing  Ms.  Trese  Martin  of  the  respondents’  law  firm.  In  this  email  the \nclaimant  clearly  and  directly  she  did  not  wish  to  pursue  this  claim  and  did  not  object  to  its \ndismissal; and she specifically waived her right to appear at the hearing. (Respondents’ Exhibit 1; \nand Comms’n’s file). True to the facts and sentiments she expressed in her email, the  claimant \nfailed and/or refused to appear at the subject hearing.  \n The  record  herein  consists  of  the  hearing  transcript  and  any  and  all  exhibits  contained \ntherein and/or attached thereto, as well as the Commission’s entire file in this matter. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4), as well as our court of appeals’ ruling \nin Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan  recite  a  detailed  analysis  of  the  record,  suffice  it  to  say  the  preponderance  of  the  evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant has failed \nand/or refused to prosecute her claim. In fact, the claimant articulately, directly, and specifically \nstated in the aforementioned September 26, 2023, email that she did not wish to pursue this claim; \nshe did not object to its dismissal; and she waived her right to a hearing. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1.   The Commission has jurisdiction of this claim. \n \n2.   After having received due and legal notice of the respondents’ motion to  \n   dismiss, as well as due and legal notice of the subject hearing, the claimant \n   failed and/or refused to appear at the hearing.  \n \n\nRebecca Ann Dorris, AWCC No. H303365 \n3 \n \n3.   In fact, in her email to the ALJ and opposing counsel’s office dated \n      September 26, 2023, she did not want to pursue the claim, did not object to \n      its dismissal, and she waived her right to a hearing.   \n \n4.   The claimant has in fact waived her right to a hearing on the respondents’ \n      subject motion to dismiss, and has failed to prosecute – in fact, she has \n      specifically stated in writing she does not want to prosecute – her claim. \n \n5.   Therefore, the respondents’ motion to dismiss without prejudice filed with \n   the Commission on September 18, 2023, should be and hereby is  \n      GRANTED pursuant to both Ark. Code Ann. Section 11-9-702(a)(4) and \n      Commission Rule 099.13. \n \n Nothing in this opinion and order shall be construed to prevent the claimant, any attorney \nshe may hire in the future, nor any person acting legally and on her behalf from refiling this claim, \nif the claim is refiled within the deadlines set forth in Ark. Code Ann. Section 11-9-402.  \n The  respondents  shall pay  the  court  reporter’s  invoice  within  twenty  (20)  days  of  their \nreceipt thereof. \n IT IS SO ORDERED.                                                                                                                                       \n                                                                        ______________________________ \n                                                                        Mike Pickens \n                                                                                    Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303365 REBECCA ANN DORRIS, EMPLOYEE CLAIMANT LAKE HAMILTON MIDDLE SCHOOL, EMPLOYER RESPONDENT ARK. SCHOOL BOARDS ASS’N WORKERS’ COMPENSATION TRUST/ ARK. SCHOOL BOARDS ASS’N, INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED OCTOBER 18, 2023, GRANTIN...","fetched_at":"2026-05-19T23:01:49.436Z","links":{"html":"/opinions/alj-H303365-2023-10-18","pdf":"https://labor.arkansas.gov/wp-content/uploads/DORRIS_REBECCA_H303365_20231018.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}