{"id":"alj-H305276-2024-09-23","awcc_number":"H305276","decision_date":"2024-09-23","opinion_type":"alj","claimant_name":"Stacey Dotta","employer_name":"D & H Co","title":"DOTTA VS. D & H CO. AWCC# H305276 September 23, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2","denied:1"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Dotta_Stacey_H305276_20240923.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Dotta_Stacey_H305276_20240923.pdf","text_length":7018,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H305276 \n \nSTACEY DOTTA, \nEMPLOYEE                                                                                                              CLAIMANT \n \nD & H CO., \nEMPLOYER                                                                                                         RESPONDENT  \n \nGREAT AMERICAN ASSURANCE CO., \nCARRIER/TPA                                                                                                    RESPONDENT \n \n \nOPINION FILED SEPTEMBER 23, 2024 \n \nHearing conducted on Friday, September 13, 2024, before the Arkansas Workers’ Compensation \nCommission  (the  Commission),  Administrative  Law  Judge (ALJ) Steven  Porch,  in Jonesboro, \nCraighead County, Arkansas. \n \nThe Claimant, Ms. Stacey Dotta, pro se, of Paragould, Arkansas, did not appear in person at the \nhearing.  \n \nThe Respondents were represented by the Honorable Zack Ryburn, 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 September 13, 2024, in Jonesboro, Arkansas. No testimony was taken \nin  the  case.  Claimant, who according  to  Commission  records  is pro  se,  failed  to  appear  at  the \nhearing. \nThe Claimant worked for the Respondent/Employer as a cashier. The date for Claimant’s \nalleged injury was on August 10, 2023. She reported her injury to Respondent/Employer on August \n11,  2023. Admitted  into  evidence  was Respondents Exhibit  1, Form  AR-C  and  Claimant’s \nAttorney’s Motion to Withdraw, consisting of 2 pages. I have also blue-backed Form AR-1, Form \nAR-2, Dotta  email  dated  June  30,  2024, a certified  return receipt  dated  June 17,  2024,  copy  of \ncertified envelope received August 27, 2024, and copy of hearing notice, as discussed infra. \n\nDOTTA, AWCC No. H305276 \n \n2 \n \nThe  record  reflects on August 17,  2023,  a  Form AR-1 was  filed  with  the  Commission \npurporting  that Claimant injured  herself  when she  stood  up  from  cleaning  the  beverage  station. \nThe details of the injury were not mentioned in this form. On August 21, 2023, a Form AR-2 was \nfiled with  no  mention  of  whether  Respondents  would  deny compensability  of  this claim.  On \nSeptember 22, 2024, Claimant filed a Form AR-C through her then-attorney, Tanner Thomas of \nRainwater,  Holt,  and  Sexton,  purporting  an  alleged right knee  injury. Attorney Jason  Ryburn \nentered his appearance on behalf of the Respondents on September 5, 2023. Attorney Laura Beth \nYork, also with Rainwater, Holt, and Sexton, filed a Motion to Withdraw as Counsel on behalf of \nher firm that was granted on May 23, 2024. \nThe Respondents next filed a Motion to Dismiss on June 5, 2024, requesting this claim be \ndismissed for a lack of prosecution. The Claimant was sent, certified and regular U.S. Mail, notice \nof the Motion to Dismiss from my office on June 14, 2024, to her last known address. The certified \nnotice was claimed by Claimant on June 17, 2024. Also, the notice sent regular U.S. Mail was not \nreturned to the Commission. Claimant did respond to the notice in writing as required on June 30, \n2024, objecting to the dismissal and willing to have a hearing on the merits of her claim. Due to \nClaimant’s response, I have held the motion to dismiss in abeyance on July 1, 2024. Since then, \nClaimant has been sent a set of prehearing questionnaires which has not been completed and return \nto the  Commission  to this  date.  The  prehearing  questionnaire  was  due  July  23,  2024. Due  to \nClaimant’s failure to prosecute her claim, I have reinstated the Motion to Dismiss. Thus,  in \naccordance with 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 July 30, 2024. The certified notice was returned to the Commission unclaimed but \n\nDOTTA, AWCC No. H305276 \n \n3 \n \nthe regular First-Class mail notices were not returned. The hearing took place on September 13, \n2024. 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 September 13, \n2024, hearing. \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 reasonable notice, on the Respondents’ Motion to Dismiss. Though the hearing notice was \nunclaimed and returned to the Commission on August 27, 2024, the same notice was also sent to \nthe Claimant’s address of record by First-Class U.S. Mail on July 30, 2024, and did not return to \nthe  Commission.  The  Claimant  is  responsible  for  providing  the  Commission  with  her current \naddress. The  Commission  is  responsible  for  providing  reasonable  notice  of  a  hearing  to  the \nClaimant.  Sending  a  hearing  notice  to  the  last  known  address  that  was  provided  to  it  by  the \nClaimant is reasonable. Thus, I find by the preponderance of the evidence that reasonable notice \nwas given to both parties.  \n\nDOTTA, AWCC No. H305276 \n \n4 \n \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 \nSeptember 22, 2023. Since then, Claimant has objected to the dismissal filed by the Respondents \non June 5, 2024, but failed to turn in her prehearing questionnaire when the motion was held in \nabeyance. The Claimant has failed to do the bare minimum in prosecuting her claim. Therefore, I \ndo find by the preponderance of the evidence that Claimant has failed to prosecute her claim by \nfailing to request a hearing. Thus, Respondents’ Motion to Dismiss should be granted. \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is denied. \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. H305276 STACEY DOTTA, EMPLOYEE CLAIMANT D & H CO., EMPLOYER RESPONDENT GREAT AMERICAN ASSURANCE CO., CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 23, 2024 Hearing conducted on Friday, September 13, 2024, before the Arkansas Workers’ Compensation Commission ...","fetched_at":"2026-05-19T22:49:15.967Z","links":{"html":"/opinions/alj-H305276-2024-09-23","pdf":"https://labor.arkansas.gov/wp-content/uploads/Dotta_Stacey_H305276_20240923.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}