{"id":"alj-H305670-2024-07-25","awcc_number":"H305670","decision_date":"2024-07-25","opinion_type":"alj","claimant_name":"Christina Aguilar","employer_name":null,"title":"AGUILAR VS. RAYS HOSPITALITY, LLCAWCC# H305670July 26, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/AGUILAR_CHRISTINA_H305670_20240725.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"AGUILAR_CHRISTINA_H305670_20240725.pdf","text_length":5116,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H305670 \n \nCHRISTINA AGUILAR, \nEMPLOYEE CLAIMANT \n \nRAYS HOSPITALITY, LLC, \nEMPLOYER RESPONDENT \n \nFIRSTCOMP INS. CO./ \nMARKEL SERVICE, INC. \nCARRIER/TPA RESPONDENT \n \n \nORDER TO DISMISS WITHOUT PREJUDICE \nFILED JULY 26, 2024 \n \nHearing conducted on Thursday, July 25, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, \nMiller County, Arkansas. \n \nThe claimant, Ms. Christina Aquilar, pro se, of Texarkana, Bowie County, Texas, failed and/or \nrefused to appear at the hearing. \n \nThe respondents were represented by the Honorable Randy P. Murphy, Anderson, Murphy & \nHopkins, Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, July 25, 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 On April 19, 2024, the respondents filed with the Commission a motion to dismiss this claim \nwithout prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, \npursuant to the applicable law the claimant was provided due and legal notice of both the \nrespondents’ MTD, as well as notice of the subject hearing to her last known of address on record \nwith the Commission via the United States Postal Service (USPS), Certified Mail, Return Receipt \n\nChristina Aquilar, AWCC No. H305670 \n2 \n \nRequested, which she received on May 21, 2024. (Commission Exhibit 1). Thereafter, the claimant \nfailed and/or refused to object and/or respond to the respondents’ MTD or to the Commission’s \nhearing notice in any way. Moreover, the claimant failed and/or refused to appear at the subject \nhearing. (Commission Exhibit 1; Respondents’ Exhibit 1). \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 \nrespondents’ 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 has failed and/or refused 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 representations of credible \ncounsel 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 respondents’ motion to dismiss without \nprejudice filed with the Commission on April 19, 2024, as well as notice of the subject \nhearing date, time, and place, the claimant failed and/or refused to object and/or to respond \nto the motion in any way, and she failed and/or refused to appear at the subject hearing. \nTherefore, she is deemed to have waived her right to a hearing on the respondents’ motion \nherein. \n \n3. The preponderance of the evidence compels the decision that the respondents’ subject \nmotion to dismiss without prejudice filed April 19, 2024, should be and hereby is \n\nChristina Aquilar, AWCC No. H305670 \n3 \n \nGRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission 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 \n \nMP/mp \n \n \n\nChristina Aquilar, AWCC No. H305670 \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. H305670 CHRISTINA AGUILAR, EMPLOYEE CLAIMANT RAYS HOSPITALITY, LLC, EMPLOYER RESPONDENT FIRSTCOMP INS. CO./ MARKEL SERVICE, INC. CARRIER/TPA RESPONDENT ORDER TO DISMISS WITHOUT PREJUDICE FILED JULY 26, 2024","fetched_at":"2026-05-19T22:52:04.532Z","links":{"html":"/opinions/alj-H305670-2024-07-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/AGUILAR_CHRISTINA_H305670_20240725.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}