{"id":"alj-H304985-2024-12-04","awcc_number":"H304985","decision_date":"2024-12-04","opinion_type":"alj","claimant_name":"Eddie Johnson","employer_name":"Sca Pharmaceuticals Holdings, Inc","title":"JOHNSON VS. SCA PHARMACEUTICALS HOLDINGS, INC. AWCC# H304985 December 04, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":["carpal tunnel"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_EDDIE_H304985_20241204.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOHNSON_EDDIE_H304985_20241204.pdf","text_length":6016,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304985 \n \n \nEDDIE M. JOHNSON,   \nEMPLOYEE                                                                                                              CLAIMANT \n \nSCA PHARMACEUTICALS HOLDINGS, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nTRAVELERS INDEMNITY CO./ \nTHE TRAVELERS INDEM. CO., \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED DECEMBER 4, 2024 \n \nHearing conducted on Tuesday, December 3, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant was represented by the Honorable C. Michael White, The White Law Firm, of Little \nRock, Pulaski County, Arkansas. \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 Tuesday,  December 3, 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       The respondents filed a letter motion dated September 30, 2024, with the Commission which \nfor some reason was file-marked October 16, 2024 (MTD), requesting this claim be dismissed for \nlack of prosecution pursuant to the aforementioned statute and Commission rule. (Respondents’ \nExhibit 1 at 10). The claimant’s attorney immediately responded via email advising the claimant \n\nEddie M. Johnson, AWCC No. H304985 \n2 \n \nhad no objection to the respondents’ request for a dismissal of the claim without prejudice. \n(Claimant’s Exhibit 1). \n       Thereafter,  in  compliance  with  the  applicable  law  both  the  claimant  and  her  attorney  were \nprovided due and legal notice of the respondents’ MTD as well as the date, time, and location of \nthe subject hearing. The claimant’s attorney appeared  in  person  at  the  hearing  and  explained  in \nsome detail on the record why the claimant did not object to the request for dismissal. In summary, \nthe claimant’s attorney explained the claimant’s carpal tunnel problems were preexisting; that her \nhealth insurance had paid her medical bills; she had applied for and received short-term disability \n(STD) benefits while she was off work; and that she has now returned to work for the respondent-\nemployer. (Hearing Transcript; CX1; RX1). \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 Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto dismiss. 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  reveals  the \nclaimant has not requested a hearing within the last six (6) months, and she has taken no steps to \nprosecute her claim for  the  reasons  her  attorney  clearly  articulated  on  the  record  at  the  subject \nhearing. Therefore,  after  a  thorough  consideration  of  the  facts,  issues,  the applicable  law, the \nrepresentations of highly credible counsel, and other relevant matters of record, I hereby make the \nfollowing: \n\nEddie M. Johnson, AWCC No. H304985 \n3 \n \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After  having been advised  of  and mailed due  and  legal  notice  of the respondents’ letter \nMTD without prejudice dated September 30, 2024 (which was file-marked as having been \nreceived  by the  Commission  on or  about  October  16,  2024), as  well  as having  received \nnotice of the date, time, and place of the subject hearing, the claimant’s attorney appeared \nin person on the claimant’s behalf at the hearing, and reiterated and explained why the \nclaimant had no objection to the respondents’ MTD without prejudice. \n \n3. The claimant has not requested a hearing within the last six (6) months, and she has not \nprosecuted her claim for the reasons her attorney explained in some detail on the record at \nthe subject hearing. \n \n4. Therefore, the respondents’ letter MTD without prejudice filed October 16, 2024, should \nbe and hereby is GRANTED; and this claim is dismissed without prejudice to its refiling \npursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n        This Order shall not be construed to prohibit the claimant, her attorney, any attorney she may \nretain in the future, or anyone acting legally and on her behalf from refiling the claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice 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 \nMP/mp \n \n \n \n\nEddie M. Johnson, AWCC No. H304985 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304985 EDDIE M. JOHNSON, EMPLOYEE CLAIMANT SCA PHARMACEUTICALS HOLDINGS, INC., EMPLOYER RESPONDENT TRAVELERS INDEMNITY CO./ THE TRAVELERS INDEM. CO., CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED DECEMBER 4, 2024","fetched_at":"2026-05-19T22:45:05.921Z","links":{"html":"/opinions/alj-H304985-2024-12-04","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_EDDIE_H304985_20241204.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}