{"id":"alj-H306140-2025-07-14","awcc_number":"H306140","decision_date":"2025-07-14","opinion_type":"alj","claimant_name":"Linda Johnson","employer_name":"Murphy’s Market","title":"JOHNSON VS. MURPHY’S MARKET AWCC# H306140 July 15, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_LINDA_H306140_20250714.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOHNSON_LINDA_H306140_20250714.pdf","text_length":5975,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306140 \n \n \nLINDA S. JOHNSON,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nMURPHY’S MARKET,  \nEMPLOYER                                                                                                         RESPONDENT  \n                                                                                     \nBRIDGEFIELD CASUALTY INS. CO./ \nSUMMIT CONSULTING, LLC \nCARRIER/TPA                                                                                                    RESPONDENT                    \n                                                                                                                     \n \n \nOPINION FILED JULY 15, 2025,  \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Thursday, July 10, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in El Dorado, \nUnion County, Arkansas. \n \nThe claimant, Ms. Linda S. Johnson, pro se, of Stephens, Ouachita County, Arkansas, failed \nand/or refused to appear at the hearing.  \n \nThe respondents were represented by the Honorable Jason Ryburn, Ryburn Law Firm, Little \nRock, Pulaski County, Arkansas.  \n \n \nSTATEMENT OF THE CASE \n \n          A  hearing was  conducted  on Thursday,  July  10,  2025,  to  determine  whether  this  claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement)  and  Commission Rule  099.13  (2025 Lexis Replacement). On  two  (2)  separate \noccasions  the  respondents  filed  with  the  Commission  motions  to  dismiss  this  claim  without \nprejudice for lack of prosecution (MTDs). The respondents filed the first motion on January 14, \n2025, and the second on April 15, 2025. (Hearing Transcript; Respondents’ Exhibit 2).  \n\nLinda S. Johnson, AWCC No. H306140 \n2 \n \n       The claimant herein initially was represented by counsel, Mr. Gary Davis, of the Gary Davis \nlaw firm in Little Rock. Upon the claimant’s attorney’s motion and by order issued and filed on \nMarch 14, 2025, the ALJ granted the claimant’s attorney’s motion to withdraw as the claimant’s \nattorney  of  record.  (Commission’s Exhibit 1). As  mentioned  above,  immediately  thereafter  the \nrespondents filed their second MTD with the Commission on April 15, 2025. (RX2).  \n       The claimant was provided due and legal notice of the both of the respondents’ MTDs, as well \nas the date, time, and place of the subject hearing; however, she failed and/or refused to file any \nresponse, via email or otherwise, or to respond to the MTD or hearing notice in any way. In fact \nthe claimant has been nonresponsive and noncommunicative with either her attorney when she had \none, and with the Commission. \n       The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. (Hearing Transcript; Comms’n Ex. 1; and Respondents’ Exhibits 1 and 2).  \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 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 either actively prosecute her claim or to request a \nhearing in the last six (6) months. She also has been totally nonresponsive and noncommunicative \nto bother her attorney when she was represented by him and with the Commission. \n\nLinda S. Johnson, AWCC No. H306140 \n3 \n \n       Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including 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 both the respondents’  MTDs without \nprejudice filed with the Commission on January 14, 2025, and on April 15, 2025, as well \nas notice  of the date, time,  and  place of  the  subject  hearing; however,  she  failed  and/or \nrefused to respond and/or object to the respondents MTDs, or to take any steps to actively \nprosecute her claim. Therefore, the claimant is deemed to have waived her right to a hearing \non the subject MTD. \n \n3. The claimant has failed and/or refused to request a hearing within the last six (6) months.  \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD \nwithout prejudice filed April 15, 2025, should be and hereby is GRANTED; and this claim \nis dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. \nCode Ann. Section 11-9-702(a) and (b) and Commission 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                                                                                 Mike Pickens \n                                                                                             Administrative Law Judge \n \n \n \n \n \n \n \n \nMP/mp \n \n                                                                                \n \n\nLinda S. Johnson, AWCC No. H306140 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306140 LINDA S. JOHNSON, EMPLOYEE CLAIMANT MURPHY’S MARKET, EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INS. CO./ SUMMIT CONSULTING, LLC CARRIER/TPA RESPONDENT OPINION FILED JULY 15, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:38:31.655Z","links":{"html":"/opinions/alj-H306140-2025-07-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JOHNSON_LINDA_H306140_20250714.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}