{"id":"alj-H306164-2025-08-27","awcc_number":"H306164","decision_date":"2025-08-27","opinion_type":"alj","claimant_name":"Whitney Scruggs","employer_name":"Express Services, Inc","title":"SCRUGGS VS. EXPRESS SERVICES, INC. AWCC# H306164 August 27, 2025","outcome":"dismissed","outcome_keywords":["dismissed:11"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCRUGGS_WHITNEY_H306164_20250827.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCRUGGS_WHITNEY_H306164_20250827.pdf","text_length":5414,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306164 \n \nWHITNEY SCRUGGS, EMPLOYEE     CLAIMANT \n \nEXPRESS SERVICES, INC., EMPLOYER    RESPONDENT \nATU INSURANCE/SEDGWICK CMS, CARRIER/TPA   RESPONDENT \n \n \nOPINION FILED AUGUST 27, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on August 12, 2025. \nClaimant is pro-se and appeared at the hearing. \nRespondents are represented by their attorney, Carol Worley, of Little Rock, \nArkansas, who appeared on their behalf. \n \nSTATEMENT OF THE CASE \nA hearing was held in the above styled matter on August 12, 2025, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct, which has recently been renamed 11 C.A.R. 25-110(d) and will be referred to by that \nname in the remainder of this opinion. The claimant did appear at the time of the hearing \nand again testified that he wished to pursue his claim. A previous Motion to Dismiss was \nfiled on August 20, 2024, and a hearing was held on that motion on October 23, 2024.  At \nthe time of the previous hearing, the claimant appeared and requested that the Motion to \nDismiss  be  denied.  An  Opinion  was  issued  on  October  23,  2024,  and  the  motion  was \ndenied at that time. \nThe Opinion of October 23, 2024, in regard to the initial Motion to Dismiss, found \nthat a First Report of Injury was filed on or about September 21, 2023, which provided \nthat the claimant was injured on September 11, 2023, when the claimant slipped and fell \n\nSCRUGGS – H306164 \n2 \n \nand fractured his ribs and sternum. An AR – 2 was filed on September 25, 2023, which \nprovided  that  the  first  compensation  check, in  the  amount  of  $560.00  was  issued  on \nSeptember 19, 2021. A Form AR – C was filed on February 13, 2024, by the claimant’s \nattorney  at  the  time,  which  provided  that  the  claimant  had  injured  multiple  body  parts \nincluding without limitation, the back, tailbone, ribs, toes, face, and fingers. Claimant’s \nattorney  was  allowed  to  withdraw  on  July  22,  2024.  A  Motion  to  Dismiss  for  Failure  to \nProsecute was then filed on August 20, 2024, and the respondents contended that the \nclaimant had taken no additional action to prosecute his claim and that consequently, the \nmatter be dismissed for lack of prosecution pursuant to the Commission Rule now named \n11 C.A.R. 25-110 (d) and A.C.A. 11-9-702. The claimant admitted that he had not filed a \nresponse to the Motion to Dismiss but stated that he intended to pursue his claim. \nIn regard to the issue of dismissing the claim per the respondents’ initial Motion to \nDismiss, A.C.A. 11-9-702 (a) (4) provides that if within six (6) months after the filing of a \nclaim for compensation no bona fide request for a hearing has been made with respect \nto  the  claim,  the  claim may (emphasis  added)  upon  motion  and  after  hearing,  be \ndismissed without prejudice to the refiling of the claim within limitation periods specified \nin subdivisions (a) (1) – (3) of this section. Here the claimant appeared at the time of the \nhearing  and  unequivocally  stated  that  he  intended  to  pursue  his  claim  in  regard  to  his \ninjuries.  He  was  instructed  to  contact  the  Legal  Advisor  Division  of  the  Workers’ \nCompensation Commission. Based upon the claimant’s appearing  at  the  hearing,  his \nstatement that he intended to pursue his claim, and the fact that the claimant’s attorney \nwas allowed to withdraw, it was found back in October 23, 2024, that there was no basis \nto dismiss the claim at that time. \n\nSCRUGGS – H306164 \n3 \n \nA second Motion to Dismiss was filed on January 30, 2025, contending that the \nclaim should be dismissed pursuant to A.C.A. 11-9-702 and also what is now named 11 \nC.A.R. 25-110(d), a rule of the Workers’ Compensation Commission that provides upon \nan application by either party for a dismissal for failure to prosecute, the Commission may, \nafter reasonable notice to all parties, enter an order dismissing the claim.   \n It is noted that appropriate notice was provided to the claimant notifying him of the \nhearing and that he was in fact present. The claimant again stated that he intended to \npursue his claim. It is also noted that the claimant had failed to take any action to pursue \nhis  claim  since  the  previous  Motion  to  Dismiss,  although  he did  in  fact appear  at both \nMotion to Dismiss hearings. \nORDER \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having an opportunity to hear the statements of respondent’s attorney \nand the testimony of the claimant, it is found that the Motion to Dismiss shall be taken \nunder advisement at this time and that the claim shall proceed to a hearing pursuant to \nthe statutory law and the rules of the Arkansas Workers’ Compensation Commission in a \ntimely  process.  The  claimant  is hereby placed  upon  notice  that failing  to  respond  to \ndiscovery,  failing  to  pursue  his  claim  in  a  timely  manner, and failing  to  keep  the \nCommission notified of his mailing address, may result in the dismissal of his claim without \nprejudice. \nIT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306164 WHITNEY SCRUGGS, EMPLOYEE CLAIMANT EXPRESS SERVICES, INC., EMPLOYER RESPONDENT ATU INSURANCE/SEDGWICK CMS, CARRIER/TPA RESPONDENT OPINION FILED AUGUST 27, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on Augu...","fetched_at":"2026-05-19T22:38:06.542Z","links":{"html":"/opinions/alj-H306164-2025-08-27","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCRUGGS_WHITNEY_H306164_20250827.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}