{"id":"alj-H303433-2024-04-10","awcc_number":"H303433","decision_date":"2024-04-10","opinion_type":"alj","claimant_name":"Darrell Jones","employer_name":"Arkansas Childrens’ Hospital","title":"JONES VS. ARKANSAS CHILDRENS’ HOSPITAL AWCC# H303433 April 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JONES_DARRELL_H303433_20240410.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JONES_DARRELL_H303433_20240410.pdf","text_length":6625,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NOS. H303433 \n \nDARRELL JONES (DECEASED), \nEMPLOYEE                                                                                                              CLAIMANT \n \nARKANSAS CHILDRENS’ HOSPITAL (ACH), \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nACH-SELF-INSURED/ \nCENTRAL ADJUSTMENT CO., INC., \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED APRIL 10, 2024 \n \nHearing conducted on Tuesday, April 9, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe deceased claimant’s statutory beneficiary, Ms. Roberta Jones, pro se, of Little Rock, Pulaski \nCounty, Arkansas, failed and/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Guy Alton Wade, Friday, Eldredge & Clark, \nLittle Rock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n  A  hearing was  conducted  on Tuesday, April  9,  2024, 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 Replacement). \n The respondents  filed  a letter motion to  dismiss without  prejudice (MTD) with  the \nCommission on February 9, 2024, requesting this claim be dismissed without prejudice for lack of \nprosecution. (Respondents’ Exhibit 1 at 11). Consistent  with  the  applicable  Arkansas  law the \nCommission mailed a copy of both the respondents’ MTD, and the subject hearing notice via the \n\nDarrell Jones (Deceased), AWCC NO. H303433 \n2 \n \nUnited States Postal Service (USPS), Certified Mail, Return Receipt Requested, to the deceased \nclaimant’s representative’s/statutory beneficiary’s, Ms. Roberta Jones’s (Ms. Jones), last known \naddress of record with the Commission, which she received on February 15, 2024. (Commission \nExhibit 1; RX1 at 13; 12). Thereafter, Ms. Jones failed and/or refused to respond in any way to \neither the Commission or to the respondents; and she failed and/or refused to appear at the subject \nhearing. Ms. Jones never responded or objected in any way to the respondents’ letter MTD. \n          The claimant died of a heart attack, and the respondents’ denied and controverted the claim \nin its entirety. (RX1 at 1-2; 6). It should be noted Ms. Jones initially was represented by counsel, \nMs. Laura Beth York of  the Rainwater, Holt & Sexton law firm in Little Rock  at the time this \nclaim  was  filed; however, Ms.  York  requested  to  withdraw  as  counsel,  and  the  Commission \ngranted her request. (RX1 at 1-10; Hearing Transcript). \n The  record  herein  consists  of the  hearing  transcript  and  any  and  all exhibits  contained \ntherein and attached thereto. \n \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark.  App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted  a hearing on the respondents’ \nletter MTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance \nof the evidence introduced at the hearing and contained in the record conclusively demonstrates \nMs. Jones has failed and/or refused to request a hearing within the last six (6) months, or taken \nany other steps to prosecute this claim. By transmittal letter dated June 14, 2023, the respondents \n\nDarrell Jones (Deceased), AWCC NO. H303433 \n3 \n \npropounded discovery to Ms. Jones’s attorney of record at the time, Ms. York, but neither Ms. \nYork or Ms. Jones ever responded to the discovery requests. (RX1 at 5; Tr.)  \n Therefore, after a thorough consideration of the facts, issues, the applicable law, as well as \nthe representations of highly competent and credible counsel, and other relevant matters of record, \nI hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of the respondents’ letter MTD \n                  filed February 9, 2024, to Ms. Jones’s last known address of record with the \n                  Commission, Ms. Jones failed and/or refused to respond to the motion in any \n                  way; failed and/or refused to object to the subject MTD; and failed and/or refused \n                  to request a hearing on the subject claim. \n \n            3.         Ms. Jones failed and/or refused to appear at the subject MTD hearing and, therefore, \n                       is deemed to have waived her right to a hearing on the MTD. \n \n      4.         Neither Ms. Jones or any attorney or other person acting legally and on her behalf \n                  has requested a hearing either on the merits, or on any issue related to the subject \n                  claim, within the last six (6) months. \n \n 5. Therefore, I find the respondents’ letter MTD without prejudice filed with the \n                  Commission on February 9, 2024, should be and hereby is GRANTED. \n      \n      6.          The above-styled claim hereby is dismissed without prejudice to its refiling pursuant \n                 to the deadlines prescribed by Ark. Code Ann.  § 11-9-702(a) and (b), and \n                 Commission Rule 099.13. \n \n \n This opinion shall not be construed to prohibit Ms. Jones, her attorney, any attorney she \nmay retain in the future, or anyone acting legally and on her behalf from refiling this claim if the \nclaim is refiled within the applicable time periods/deadlines prescribed by Ark. Code Ann. § 11-\n9-702(a) and (b). \n\nDarrell Jones (Deceased), AWCC NO. H303433 \n4 \n \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 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NOS. H303433 DARRELL JONES (DECEASED), EMPLOYEE CLAIMANT ARKANSAS CHILDRENS’ HOSPITAL (ACH), EMPLOYER RESPONDENT ACH-SELF-INSURED/ CENTRAL ADJUSTMENT CO., INC., INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED APRIL 10, 2024 Hearing c...","fetched_at":"2026-05-19T22:55:15.006Z","links":{"html":"/opinions/alj-H303433-2024-04-10","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JONES_DARRELL_H303433_20240410.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}