{"id":"alj-H303793-2024-06-18","awcc_number":"H303793","decision_date":"2024-06-18","opinion_type":"alj","claimant_name":"Shatarica Frazier","employer_name":null,"title":"FRAZIER VS. ODYSSEY HEALTHCARE OPERATING LPAWCC# H303793June 18, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/FRAZIER_SHATARICA_H303793_20240618.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FRAZIER_SHATARICA_H303793_20240618.pdf","text_length":5878,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303793 \n \nSHATARICA FRAZIER, \nEMPLOYEE                                                                                                              CLAIMANT \n \nODYSSEY HEALTHCARE OPERATING LP, \nEMPLOYER                                                                                                         RESPONDENT  \n                                 \nFARMINGTON CASUALTY CO., INC./ \nTHE TRAVELERS’ INDEMNITY CO., INC. \nINSURANCE CARRIER/TPA                                                                     RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE  \nFILED JUNE 18, 2024 \n \nHearing conducted on Friday, June 14, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Ms. Shatarica Frazier, pro se, of Texarkana, Miller County, Arkansas, failed \nand/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 \nSTATEMENT OF THE CASE \n \n  A hearing was conducted on Friday, June 14, 2024, to determine whether this claim should \nbe  dismissed  for  lack  of  prosecution  pursuant  to Ark. Code  Ann. §  11-9-702(a)(4)  (2024 Lexis \nReplacement) and Commission Rule 099.13 (2024 Lexis Replacement). \n The respondents filed  a letter motion to  dismiss without  prejudice (MTD) with  the \nCommission on January 2, 2024, requesting this claim be dismissed without prejudice for lack of \nprosecution. The Rainwater, Holt & Sexton law firm (the Rainwater Firm) initially represented the \nclaimant  in  this  matter.  By  order  filed  March  5,  2024,  the  Commission  granted  the  Rainwater \nFirm’s request to withdraw as the claimant’s attorney of record. Thereafter, via  a  letter  to  the \n\nShatarica Frazier, AWCC No. H303793 \n \n2 \n \nCommission  filed  March  14,  2024,  the  respondents  renewed  their  dismissal  request. Consistent \nwith the applicable Arkansas law, the Commission mailed a copy of both the respondents’ MTD \nand the subject hearing notice to the claimant at her last known address of record via the United \nStates  Postal  Service  (USPS),  Certified  Mail,  Return  Receipt  Requested, which  the  claimant \nreceived  on  March  21,  2024. (Commission Exhibit  1). Thereafter,  the  claimant  failed  and/or \nrefused to respond in any way to either the Commission or to the respondents; and she failed and/or \nrefused  to  appear  at  the  subject  hearing.  The  claimant  never  objected  in  any  way  to  the \nrespondents’ MTD. \n The  record  herein  consists  of the  hearing  transcript  and  any  and  all exhibits  contained \ntherein and attached thereto. \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’ \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nclaimant has both failed and/or refused to prosecute her claim, and she has failed and/or refused to \nrequest a hearing within the last six (6) months on her claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I 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’ MTD \n\nShatarica Frazier, AWCC No. H303793 \n \n3 \n \n                  to the claimant she 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 merits of her claim. \n \n            3.         The claimant failed and/or refused to appear at the subject hearing and, therefore, \n                        has waived her right to a hearing on the respondents’ MTD. \n \n      4.         The claimant has failed to request a hearing either on the merits, or on any issue \n                  related to her claim within the last six (6) months. \n \n 5. The respondents’ letter MTD without prejudice initially filed with the Commission \n                  on January 2, 2024, and then renewed via a letter filed with the Commission March \n                  14, 2024, should be and hereby is GRANTED. \n      \n      6.         Therefore, this claim hereby is dismissed without prejudice to its refiling \n                  pursuant to the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and \n                  Commission Rule 099.13. \n \n This opinion shall not be construed to prohibit the claimant, 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 prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \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 \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H303793 SHATARICA FRAZIER, EMPLOYEE CLAIMANT ODYSSEY HEALTHCARE OPERATING LP, EMPLOYER RESPONDENT FARMINGTON CASUALTY CO., INC./ THE TRAVELERS’ INDEMNITY CO., INC. INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED JUNE 18, 2024 Hea...","fetched_at":"2026-05-19T22:52:54.730Z","links":{"html":"/opinions/alj-H303793-2024-06-18","pdf":"https://labor.arkansas.gov/wp-content/uploads/FRAZIER_SHATARICA_H303793_20240618.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}