{"id":"alj-H305632-2024-07-22","awcc_number":"H305632","decision_date":"2024-07-22","opinion_type":"alj","claimant_name":"Adanna Robinson","employer_name":null,"title":"ROBINSON VS. HINO MOTORS MFG. USA INC.AWCC# H305632July 22, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":["back","wrist"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Robinson_Adanna_H305632_20240722.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Robinson_Adanna_H305632_20240722.pdf","text_length":6225,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H305632 \n \nADANNA ROBINSON, \nEMPLOYEE                                                                                                              CLAIMANT \n \nHINO MOTORS MFG. USA INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nFIRST LIBERTY INS. CO., \nCARRIER/TPA                                                                                                    RESPONDENT \n \nOPINION FILED JULY 22, 2024 \n \nHearing conducted on Friday, July 19,  2024,  before  the  Arkansas  Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Steven Porch, in Forrest City, \nSt. Francis County, Arkansas. \n \nThe Claimant, Ms. Adanna Robinson, pro se, of West Memphis, Arkansas, did not appear in person \nat the hearing.  \n \nThe Respondents  were represented by  the Honorable Jason  M.  Ryburn, Little  Rock,  Arkansas. \nHowever, the Honorable Michael Ryburn argued the Motion to Dismiss. \n \n \nBACKGROUND \n \n  This  matter  comes  before  the  Commission  on  a  Motion  to  Dismiss  by  Respondents.  A \nhearing was conducted on July 19, 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’s alleged injury occurred on May 25,  2023. Admitted  into  evidence  was \nRespondents’ Exhibit 1, Motion to Dismiss, consisting of one (1) page. I have also blue-backed \nForm AR-C, Form AR-2, a signed certified returned receipt (hearing notice) dated June 17, 2024, \nand a signed certified return receipt (Motion to Dismiss notice) dated May 25, 2024, and Motion \nto Dismiss Hearing Notice, as discussed infra. \nThe  record  reflects on August  29,  2023,  a  Form  AR-C  was  filed  against  Canadian \nExecutive Search Group, but this entity could not be located. Therefore, on November 13, 2023, \n\nROBINSON, AWCC No. H305632 \n \n2 \n \nan alternative Form AR-C, naming Hino Motors as the employer, was filed with the Commission \nthrough Claimant’s then-attorney, Mark Peoples, purporting a back and wrist injury. This report \ndoesn’t state which wrist was injured. Respondents on November 28, 2023, filed a Form AR-2, \nchallenging  the  compensability  of Claimant’s  alleged  injury. In  short,  this  report  states  that \nClaimant’s injury does not have support for a workers compensation injury. Attorney Mark Alan \nPeoples  entered  his  appearance  on  behalf  of the  Claimant  on  August  29,  2023. Attorney Jason \nRyburn entered his appearance on behalf of the Respondents on January 4, 2024. Attorney Peoples \nfiled a Motion to Withdraw on April 15, 2024. The Motion was granted on May 3, 2024. \nThe Respondents next filed a Motion to Dismiss on May 6, 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 April 14, 2024, to her last known address of record. \nThe certified notice was claimed by Claimant on May 25, 2024. Likewise, the notice sent regular \nU.S. Mail was not returned to the Commission. Claimant did not respond to the notice in writing \nas required. Thus, in accordance with applicable Arkansas law, the Claimant was mailed due and \nproper legal notice of Respondents’ Motion to Dismiss hearing date at her current address of record \nvia the United States Postal Service (USPS), First Class Certified Mail, Return Receipt Requested, \nand regular First-Class Mail, on June 12, 2024. The certified notice was claimed by the Claimant. \nThe hearing took place on July 19, 2024. As mentioned before, the Claimant did not show up to \nthe 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\nROBINSON, AWCC No. H305632 \n \n3 \n \n \n2. The  Claimant and  Respondents  both  had  reasonable  notice of  the July 19,  2024, \nhearing. \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. The hearing notice was claimed by \nClaimant on June 17,  2024. Despite  receiving  this  notice, the  Claimant  did  not  appear  at  the \nhearing. The Respondents, however, appeared on July 19, 2024, and argued their motion. Thus, I \nfind by the preponderance of the evidence that reasonable notice was given to both 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 \nNovember 13, 2023. Since then, Claimant has not made a demand for a hearing or has taken any \nother action in furtherance of prosecuting this claim. In this regard, the Claimant has failed to do \nthe bare minimum in prosecuting her claim, i.e. requesting a hearing. Therefore, I do find by the \npreponderance of the evidence that Claimant has failed to prosecute her claim by failing to request \na hearing. Thus, Respondents’ Motion to Dismiss should be granted. \n \n \n \n \n\nROBINSON, AWCC No. H305632 \n \n4 \n \n \nCONCLUSION \n Based  on  the Findings  of Fact  and Conclusions  of Law set forth above, Respondents’ \nMotion to Dismiss is granted and this claim is hereby dismissed without prejudice. \n      IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H305632 ADANNA ROBINSON, EMPLOYEE CLAIMANT HINO MOTORS MFG. USA INC., EMPLOYER RESPONDENT FIRST LIBERTY INS. CO., CARRIER/TPA RESPONDENT OPINION FILED JULY 22, 2024 Hearing conducted on Friday, July 19, 2024, before the Arkansas Workers’ Compensation Commissi...","fetched_at":"2026-05-19T22:51:49.783Z","links":{"html":"/opinions/alj-H305632-2024-07-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Robinson_Adanna_H305632_20240722.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}