{"id":"alj-H304660-2024-06-28","awcc_number":"H304660","decision_date":"2024-06-28","opinion_type":"alj","claimant_name":"Latoshia Blakley","employer_name":null,"title":"BLAKLEY VS. SHERWOOD ELEMENTARY SCHOOLAWCC# H304660June 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:3"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Blakley_Latoshia_H304660_20240628.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Blakley_Latoshia_H304660_20240628.pdf","text_length":6223,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H304660 \n \nLATOSHIA S. BLAKLEY, \nEMPLOYEE                                                                                                              CLAIMANT \n \nSHERWOOD ELEMENTARY SCHOOL, \nSELF-INSURED EMPLOYER                                                                           RESPONDENT  \n \nARKANSAS SCHOOL; BOARD ASSN., \nTHIRD-PARTY ADMINISTRATOR                                                                RESPONDENT \n \n \n \nOPINION FILED JUNE 28, 2024 \n \nHearing conducted on Wednesday, June 25, 2024, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant, Ms. Latoshia S. Blakley, pro se, of Conway, Arkansas, did not appear in person at \nthe hearing.  \n \nThe Respondents were represented by the Honorable Carol L. Worley. However, the Motion to \nDismiss was argued by her law partner, Melissa Wood, Little Rock, Arkansas. \n \n \nBACKGROUND \n \n  This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  by  Respondents.  A \nhearing was conducted on June 25, 2024, in Little Rock, Arkansas. No testimony was taken in the \ncase. Claimant, who according to Commission records is pro se, failed to appear at the hearing. \nThe Claimant worked for the Respondent/Employer as a child nutrition director. The date \nfor Claimant’s  alleged injury   was   on October 7,   2022. She   reported   her injury   to \nRespondent/Employer  on the  same  day. Admitted  into  evidence  was Respondents Exhibit  1, \npleadings and correspondence,  consisting  of eleven  pages. I  have  also  blue-backed a certified \nreturned receipt dated June 6, 2024, and Melanie Miller email dated May 22, 2024, as discussed \ninfra. \n\nBLAKLEY, AWCC No. H304660 \n2 \n \nThe record reflects on July 25, 2023, a Form AR-C was filed with the Commission through \nClaimant purporting she  injured herself  when  she  was  putting  away  cases  of  canned  fruit  she \ndelivered to the school on October 7, 2022. On July 26, 2023, a Form AR-1 was filed in this case, \nreflecting that Claimant injured her right shoulder and bicep area. Respondents on July 26, 2023, \nfiled a Form AR-2, along with a letter, accepting compensability.  \nThe Respondents’ counsel, Carol L. Worley, entered her appearance and filed a Motion to \nDismiss on April 19,  2024, requesting  this  claim  be  dismissed  for a lack  of  prosecution. The \nClaimant was sent, certified and regular U.S. Mail, notice of the Motion to Dismiss from my office \non April 30,  2024, to her last  known  address.  The certified  notice  was claimed by  Claimant on \nMay 3, 2024. The same notice was  also sent  regular  U.S.  Mail and did not return to  the \nCommission. Claimant did not respond to the notice in writing as required. Thus, in accordance \nwith  applicable  Arkansas  law,  the Claimant  was  mailed  due  and  proper  legal  notice  of \nRespondents’ Motion to Dismiss hearing date at her current address of record via the United States \nPostal  Service  (USPS), First  Class  Certified  Mail,  Return  Receipt  Requested, and  regular  First-\nClass Mail, on May 22, 2024. The certified notice was returned to the Commission unclaimed on \nJune 6, 2024, but the regular First-Class mail notice was not returned. The hearing took place on \nJune 25, 2024. As mentioned before, the Claimant did not show up to the hearing. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and the \nevidentiary record, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The Claimant and Respondents both had reasonable notice of the June 25, 2024, \nhearing. \n \n\nBLAKLEY, AWCC No. H304660 \n3 \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \n Consistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, \nwith  proper  notice, on  the Respondents’ Motion  to Dismiss. Though  the  hearing  notice  was \nunclaimed and returned to the Commission on June 6, 2024, the same notice was also sent to the \nClaimant’s address of record by First-Class U.S. Mail on May 22, 2024, and did not return to the \nCommission. The Claimant is responsible for providing the Commission with her current address. \nThe  Commission  is  responsible  for  providing  reasonable  notice  of  a  hearing  to  the  Claimant. \nSending  a  hearing  notice  to  the  last  known  address  that  was  provided  to it  by  the  Claimant  is \nreasonable. Thus, I find by the preponderance of the evidence that reasonable notice was given to \nboth parties.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an \naction pending before it due to a want of prosecution. The Claimant filed her Form AR-C on July \n25, 2023, and since then, Claimant has not made a demand for a hearing or has taken any other \naction in furtherance of the prosecution of this claim. In this regard, the Claimant has failed to do \nthe  bare  minimum  in  prosecuting  her claim.  Therefore,  I  do  find  by  the  preponderance  of  the \nevidence that Claimant has failed to prosecute her claim by failing to request a hearing and moving \nher claim forward. Thus, Respondents’ Motion to Dismiss should be granted. \n \n \n\nBLAKLEY, AWCC No. H304660 \n4 \n \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is granted without prejudice. \n \n      IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H304660 LATOSHIA S. BLAKLEY, EMPLOYEE CLAIMANT SHERWOOD ELEMENTARY SCHOOL, SELF-INSURED EMPLOYER RESPONDENT ARKANSAS SCHOOL; BOARD ASSN., THIRD-PARTY ADMINISTRATOR RESPONDENT OPINION FILED JUNE 28, 2024 Hearing conducted on Wednesday, June 25, 2024, before th...","fetched_at":"2026-05-19T22:53:26.098Z","links":{"html":"/opinions/alj-H304660-2024-06-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/Blakley_Latoshia_H304660_20240628.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}