{"id":"alj-H305941-2024-06-14","awcc_number":"H305941","decision_date":"2024-06-14","opinion_type":"alj","claimant_name":"Krista Perry","employer_name":null,"title":"PERRY VS. DREW MEMORIAL HOSPITAL, INC.AWCC# H305941June 14, 2024","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PERRY_KRISTA_H305941_20240614.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PERRY_KRISTA_H305941_20240614.pdf","text_length":5497,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NOS. H305941 \n \nKRISTA M. PERRY, \nEMPLOYEE CLAIMANT \n \nDREW MEMORIAL HOSPITAL, INC., \nEMPLOYER RESPONDENT \n \nARKANSAS HOSPITAL ASS’N WORKERS’ \nCOMPENSATION SELF-INSURED TRUST/ \nRISK MG’T RESOURCES, INC. \nINSURANCE CARRIER/TPA RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED JUNE 14, 2024 \n \nHearing conducted on Thursday, June 13, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Monticello, \nDrew County, Arkansas. \n \nThe claimant, Ms. Krista M. Perry, pro se, of Lake Village, Chicot County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Jarrod Parrish, Worley, Wood & Parrish, \nP.A., Little Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, June 13, 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 The respondents filed a motion to dismiss without prejudice (MTD) with the Commission \non March 29, 2024, requesting this claim be dismissed without prejudice for lack of prosecution. \nConsistent with the applicable Arkansas law, by letter dated April 3, 2024, the Commission mailed \na copy of both the respondents’ MTD, and the subject hearing notice via the United States Postal \nService (USPS), Certified Mail, Return Receipt Requested, to the claimant’s last known address \n\nKrista M. Perry, AWCC No. H305941 \n \n2 \n \nof record with the Commission. (Respondents’ Exhibit 1). Thereafter, the claimant failed and/or \nrefused to respond in any way to either the Commission or to the respondents; and she failed and/or \nrefused to appear at the subject hearing. The claimant never objected in any way to the \nrespondents’ MTD. \n The record herein consists of the hearing transcript and any and all exhibits contained \ntherein and attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court \nof appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d \n287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ \nMTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of \nthe evidence introduced at the hearing and contained in the record conclusively demonstrates the \nclaimant has both failed and/or refused to prosecute her claim, and she has failed and/or refused to \nrequest a hearing within the last six (6) months on her claim. \n Therefore, after a thorough consideration of the facts, issues, the applicable law, and other \nrelevant matters of record, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n 1. The Commission has jurisdiction of this claim. \n \n 2. After the Commission mailed due and legal notice of the respondents’ MTD \n filed March 29, 2024, to the claimant’s last known address of record with the \n Commission, the claimant failed and/or refused to respond to the motion in any \n way; failed and/or refused to object to the subject MTD; and failed and/or refused \n to request a hearing on the merits of her claim. \n \n 3. The claimant failed and/or refused to appear at the subject hearing and, therefore, \n has waived her right to a hearing on the respondents’ MTD. \n \n\nKrista M. Perry, AWCC No. H305941 \n \n3 \n \n 4. The claimant has failed to request a hearing either on the merits, or on any issue \n related to her claim within the last six (6) months. \n \n 5. The respondents’ MTD without prejudice filed with the Commission on March 29, \n 2024, should be and hereby is GRANTED. \n \n 6. Therefore, this claim hereby is dismissed without prejudice to its refiling \n pursuant to the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and \n Commission Rule 099.13. \n \n This opinion shall not be construed to prohibit the claimant, her attorney, any attorney she \nmay retain in the future, or anyone acting legally and on her behalf from refiling this claim if the \nclaim is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) \nand (b). \n The respondents shall pay the court reporter’s invoice within twenty (20) days of their \nreceipt thereof. \n IT IS SO ORDERED. \n ______________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NOS. H305941 KRISTA M. PERRY, EMPLOYEE CLAIMANT DREW MEMORIAL HOSPITAL, INC., EMPLOYER RESPONDENT ARKANSAS HOSPITAL ASS’N WORKERS’ COMPENSATION SELF-INSURED TRUST/ RISK MG’T RESOURCES, INC. INSURANCE CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE F...","fetched_at":"2026-05-19T22:52:48.530Z","links":{"html":"/opinions/alj-H305941-2024-06-14","pdf":"https://labor.arkansas.gov/wp-content/uploads/PERRY_KRISTA_H305941_20240614.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}