{"id":"alj-H304034-2024-10-03","awcc_number":"H304034","decision_date":"2024-10-03","opinion_type":"alj","claimant_name":"Athena Holland","employer_name":"Tyson Poultry, Inc","title":"HOLLAND VS. TYSON POULTRY, INC. AWCC# H304034 October 03, 2024","outcome":"dismissed","outcome_keywords":["affirmed:1","dismissed:5","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HOLLAND_ATHENA_H304034_20241003.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HOLLAND_ATHENA_H304034_20241003.pdf","text_length":5183,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304034 \n \nATHENA C. HOLLAND, \nEMPLOYEE CLAIMANT \n \nTYSON POULTRY, INC., \nSELF-INSURED EMPLOYER RESPONDENT \n \nTYSON POULTRY, INC./ \nTYNET CORP. \nCARRIER/TPA RESPONDENT \n \n \nOPINION FILED OCTOBER 3, 2024, GRANTING THE CLAIMANT’S MOTION TO \nDISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Wednesday, October 2, 2024, before the Arkansas Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, \nat the claimant’s request in Little Rock, Pulaski County, Arkansas. \n \nThe claimant, Ms. Athena C. Holland, pro se, of Camden, Ouachita County, Arkansas, appeared \nin person at the hearing. \n \nThe respondents were represented by the Honorable J. Matthew Mauldin, The Roberts Law Firm \nU.S., P.C., Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, October 2, 2024, to determine whether this claim \nshould be dismissed based upon the claimant’s own, voluntary request for a dismissal without \nprejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement) and \nCommission Rule 099.13 (2024 Lexis Replacement). \n On August 8, 2024, the claimant filed with the Commission a motion to dismiss her claim \nwithout prejudice (MTD). (Claimant’s Exhibit 1). Thereafter, pursuant to the applicable law both \nthe claimant and the respondent were provided due and legal notice of both the claimant’s MTD, \nas well as notice of the subject hearing to the parties’ last known addresses on record with the \n\nAthena C. Holland, AWCC No. H304034 \n2 \n \nCommission, the receipt of which both parties have acknowledged by their appearance at and \nparticipation in the subject hearing. The claimant appeared in person at the hearing and explained \nthat because she currently is pursuing a claim against her employer in another forum and/or other \nfora, she voluntarily and of her own initiative requests her claim be dismissed without prejudice at \nthis time. \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 \nclaimant’s voluntary 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 does not intend nor desire to prosecute her 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 claimant’s representations \nand/or testimony, I hereby make the following: \n \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 claimant’s voluntary motion to dismiss \nwithout prejudice filed with the Commission on August 8, 2024, as well as notice of the \nsubject hearing date, time, and place, the claimant appeared in person at the hearing and \naffirmed she wished to voluntarily and of her own initiative dismiss her claim without \nprejudice at this time. \n \n\nAthena C. Holland, AWCC No. H304034 \n3 \n \n3. The preponderance of the evidence compels the decision that the claimant’s subject motion \nto dismiss without prejudice filed August 8, 2024, should be and hereby is GRANTED; \nand this claim hereby is dismissed without prejudice to its refiling pursuant to the deadlines \nprescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission 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 \n \n \n \n \n \nMP/mp \n \n \n\nAthena C. Holland, AWCC No. H304034 \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 \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304034 ATHENA C. HOLLAND, EMPLOYEE CLAIMANT TYSON POULTRY, INC., SELF-INSURED EMPLOYER RESPONDENT TYSON POULTRY, INC./ TYNET CORP. CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 3, 2024, GRANTING THE CLAIMANT’S MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:47:14.085Z","links":{"html":"/opinions/alj-H304034-2024-10-03","pdf":"https://labor.arkansas.gov/wp-content/uploads/HOLLAND_ATHENA_H304034_20241003.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}