{"id":"alj-H305839-2024-08-27","awcc_number":"H305839","decision_date":"2024-08-27","opinion_type":"alj","claimant_name":"Maria Nochez","employer_name":"Raines Hp Workforce, LLC","title":"NOCHEZ VS. RAINES HP WORKFORCE, LLC AWCC# H305839 August 27, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/NOCHEZ_MARIA_D_H305839_20240827.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NOCHEZ_MARIA_D_H305839_20240827.pdf","text_length":3328,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H305839 \n \nMARIA D. NOCHEZ, EMPLOYEE       CLAIMANT \n \nRAINES HP WORKFORCE, LLC, EMPLOYER          RESPONDENT \n \nZENITH INSURANCE COMPANY, CARRIER/TPA              RESPONDENT \n  \n \n \nOPINION FILED 27 AUGUST 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 7 August 2024 in Little Rock, Arkansas. \n \nThe pro se claimant appeared with the assistance of a Spanish-English interpreter. \n \nLedbetter, Cogbill, Arnold, Harrison, LLP, Ms. Erin Rambo, appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 7 August 2024. This case relates to an alleged workplace injury, \nsustained on or about 29 August 2023. A Form AR-C was filed on the claimant’s behalf on 9 \nSeptember 2023, and a Form AR-2 was filed by the respondents on 26 September 2023, \naccepting the claim. \n On 25 January 2024, the claimant’s counsel filed a Motion to Withdraw, stating that \nthe claimant “has recovered from her injury and there are no apparent issues to be \nlitigated.” The Full Commission entered an Order granting that motion on 26 February \n2024. On 3 June 2024, the respondents moved for this claim to be dismissed under ACA § \n11-9-702(a)(4) and under Rule 13. \nThe respondents appeared on 7 August 2024, presented their motion, argued that \nappropriate benefits had been pain and that no hearing had been requested in the \npreceding six months, and offered supporting evidence into the record. As argued by the \n\nM. NOCHEZ- H305839 \n2 \n \nrespondents at the hearing, the file reflects no request for a hearing on a claim in the \nrelevant time preceding the filing of their motion.  \nThe claimant appeared with the benefit of a Spanish-English interpreter. She stated \nthat she did not object to the dismissal, as benefits had been paid, and she acknowledged \nthe statement from her former attorney that there were no issues to litigate. She noted, \nhowever, that she was unsure of one medical bill she recently received. The parties \ndiscussed that bill being provided to the respondent’s counsel for resolution if it was in fact \nrelated to the accepted claim. I advised that unless I received notice from the claimant that \nshe required a hearing on a matter in controversy, I would grant the dismissal of the claim \ntwo weeks after the date of the hearing. My office has received no notice from the claimant \nregarding the need to conduct a hearing on the medical bill mentioned or any other issue. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel \nand the acknowledgements of the claimant, I find that the respondents’ Motion to Dismiss \nshould be granted and that the matter should be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H305839 MARIA D. NOCHEZ, EMPLOYEE CLAIMANT RAINES HP WORKFORCE, LLC, EMPLOYER RESPONDENT ZENITH INSURANCE COMPANY, CARRIER/TPA RESPONDENT OPINION FILED 27 AUGUST 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge ...","fetched_at":"2026-05-19T22:50:32.117Z","links":{"html":"/opinions/alj-H305839-2024-08-27","pdf":"https://labor.arkansas.gov/wp-content/uploads/NOCHEZ_MARIA_D_H305839_20240827.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}