{"id":"alj-H305736-2024-07-29","awcc_number":"H305736","decision_date":"2024-07-29","opinion_type":"alj","claimant_name":"Latonya Denney","employer_name":null,"title":"DENNEY VS. PILOT TRAVEL CENTERS LLCAWCC# H305736July 29, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1","denied:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DENNEY_LATONYA_H305736_20240729.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DENNEY_LATONYA_H305736_20240729.pdf","text_length":2535,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H305736 \n \nLATONYA DENNEY,  Employee                                                                CLAIMANT \n \nPILOT TRAVEL CENTERS LLC, Self-Insured Employer                          RESPONDENT                     \n \n                                                                                                                                  \n \n \n OPINION/ORDER FILED JULY 29, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant represented by LAURA BETH YORK, Attorney, Little Rock, Arkansas; although \nnot present at hearing. \n \nRespondents represented by KAREN H. MCKINNEY,  Attorney, Little Rock, Arkansas. \n \n \n \n OPINION/ORDER \n  \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n This  claim  involves  an  injury  date  of  August  10,  2023.    Respondent  originally \naccepted a compensable injury to the claimant on that date, but after further investigation \ndenied the claim by letter dated September 29, 2023.  Thereafter, on November 14, 2023, \nAttorney Laura Beth York filed Form AR-C requesting compensation benefits.  After the \nfiling  of  that  form,  both  parties  propounded  discovery  on  the  other  party.    Respondent \nanswered  claimant’s  discovery  requests  on  January  22,  2024.    Claimant  has  not \nresponded to the respondent’s discovery request. \n On May 2, 2024, claimant filed a change of physician request, but this was denied \n\nDenney (H305736) \n \n2 \n \ndue to the fact that respondent had controverted the claim.  No further action was taken \nuntil respondent filed a Motion to Dismiss on May 15, 2024.  A hearing was scheduled on \nthe respondent’s Motion to Dismiss for July 22, 2024.  Notice of the hearing was sent to \nclaimant by certified mail and was delivered on June 12, 2024.  Claimant did not appear \nat the hearing.  In addition, in a letter dated June 4, 2024, Attorney York indicated that \nclaimant had no objection to the Motion to Dismiss without prejudice.   \n After my review of the respondent’s motion, claimant’s response thereto, and all \nother matters properly before the Commission, I find that respondent’s motion to dismiss \nthis claim should be and hereby is granted.  This dismissal is pursuant to Commission \nRule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H305736 LATONYA DENNEY, Employee CLAIMANT PILOT TRAVEL CENTERS LLC, Self-Insured Employer RESPONDENT OPINION/ORDER FILED JULY 29, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Claimant represented...","fetched_at":"2026-05-19T22:52:10.801Z","links":{"html":"/opinions/alj-H305736-2024-07-29","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DENNEY_LATONYA_H305736_20240729.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}