{"id":"alj-H303454-2024-07-25","awcc_number":"H303454","decision_date":"2024-07-25","opinion_type":"alj","claimant_name":"Kennith Smith","employer_name":null,"title":"SMITH VS. CITY OF LEWISVILLEAWCC# H303454July 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SMITH_KENNITH_H303454_20240725.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SMITH_KENNITH_H303454_20240725.pdf","text_length":5483,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303454 \n \nKENNITH L. SMITH, \nEMPLOYEE CLAIMANT \n \nCITY OF LEWISVILLE, \nEMPLOYER RESPONDENT \n \nARKANSAS MUNICIPAL LEAGUE \nWORKERS’ COMPENSATION TRUST/ \nARK. MUNICIPAL LEAGUE \nCARRIER/TPA RESPONDENT \n \n \nORDER TO DISMISS WITHOUT PREJUDICE \nFILED JULY 26, 2024 \n \nHearing conducted on Thursday, July 25, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Mr. Kennith L. Smith, pro se, of Lewisville, Lafayette County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Mary K. Edwards, Attorney, Arkansas \nMunicipal League, Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, July 25, 2024, to determine whether this claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024) \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n On April 22, 2024, the respondents filed with the Commission a motion to dismiss this claim \nwithout prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, \npursuant to the applicable law the claimant was provided due and legal notice of both the \nrespondents’ MTD, as well as notice of the subject hearing to his last known of address on record \nwith the Commission via the United States Postal Service (USPS), Certified Mail, Return Receipt \n\nKennith L. Smith, AWCC No. H303454 \n2 \n \nRequested, which the claimant received on May 14, 2024. (Commission Exhibit 1). Thereafter, \nthe claimant responded to the subject MTD via a handwritten letter filed with the Commission on \nMay 6, 2024, wherein in essence he stated he was still undergoing pain management treatment, \nand he needed, “just a little financial help to get me by and through.” (Commission Exhibit 2). The \nclaimant’s letter did not identify any issues that were ripe for a hearing, nor did he request a hearing \non any issue(s). (Id.). The claimant failed and/or refused to appear at the hearing so he did not \nexplain or elaborate in any way concerning the statements he made in his letter. (Commission’s \nExhibits 1 & 2; Respondents’ Exhibit 1). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the \nrespondents’ MTD. Rather than recite a detailed analysis of the record, suffice it to say the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has to date failed and/or refused to prosecute his claim at this time. \n Therefore, after a thorough consideration of the applicable law as applied to the facts of this \nclaim, the issues, and other relevant matters of record, as well as the representations of credible \ncounsel I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n\nKennith L. Smith, AWCC No. H303454 \n3 \n \n2. After having received due and legal notice of the respondents’ motion to dismiss without \nprejudice filed with the Commission on April 22, 2024, as well as notice of the subject \nhearing date, time, and place, the claimant failed and/or refused to appear at the subject \nhearing. Therefore, he is deemed to have waived his right to a hearing on the respondents’ \nmotion herein. \n \n3. The preponderance of the evidence compels the decision that the respondents’ subject \nmotion to dismiss without prejudice filed April 22, 2024, should be and hereby is \nGRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n \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 \nMP/mp \n\nKennith L. Smith, AWCC No. H303454 \n4 \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":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303454 KENNITH L. SMITH, EMPLOYEE CLAIMANT CITY OF LEWISVILLE, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE WORKERS’ COMPENSATION TRUST/ ARK. MUNICIPAL LEAGUE CARRIER/TPA RESPONDENT ORDER TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:52:08.742Z","links":{"html":"/opinions/alj-H303454-2024-07-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SMITH_KENNITH_H303454_20240725.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}