{"id":"alj-H306164-2025-11-26","awcc_number":"H306164","decision_date":"2025-11-26","opinion_type":"alj","claimant_name":"Whitney Scruggs","employer_name":"Express Services, Inc","title":"SCRUGGS VS. EXPRESS SERVICES, INC. AWCC# H306164 November 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCRUGGS_WHITNEY_H306164_20251126.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCRUGGS_WHITNEY_H306164_20251126.pdf","text_length":4463,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306164 \n \nWHITNEY SCRUGGS, EMPLOYEE      CLAIMANT \n \nEXPRESS SERVICES, INC. \nEMPLOYER              RESPONDENT \n \nAIU INSURANCE COMPANY/ \nSEDGWICK CMS, CARRIER/TPA         RESPONDENT \n \nOPINION AND ORDER FILED NOVEMBER 26, 2025 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, was held on November 18, 2025. \nClaimant failed to appear. \nRespondents were represented by Carol Worley, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was originally held in the above styled matter on the 15\nth\n day of October, \n2024, in Little Rock, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Arkansas  Code  Ann. § 11-9-702(a)(4)  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Commission, which has been renamed 11 C.A.R. 25-110(d) and \nwill be referred to by that name in the remainder of this opinion. The Claimant was pro se \nand appeared on the scheduled date of the original Motion to Dismiss hearing, October \n15, 2024. An Opinion was entered on October 23, 2024, which provided that the Claimant \nunequivocally  stated  he  intended  to  pursue  his  claim  and  that  due  to  the  fact  that \nClaimant’s attorney had been allowed to withdraw, it was found that there was no basis \nto dismiss the claim at that time. \n\nWhitney Scruggs – H306164 \n2 \n \n A second Motion to Dismiss was filed on January 30, 2025, again contending that \nthe  claim  should  be  dismissed  pursuant  to Arkansas  Code  Ann. § 11-9-702(a)(4) and \nwhat is now referred to 11 C.A.R 25-110(d). Multiple hearing dates were scheduled and \nrescheduled in an attempt to assist the Claimant and a hearing on the Motion to Dismiss \nwas finally held on August 12, 2025, and the Claimant again appeared pro se. An Opinion \nwas issued on August 27, 2025. The Opinion provided that the Motion to Dismiss would \nbe taken under advisement at that time and that the claim should proceed to a hearing \npursuant to the statutory law and the rules of the Arkansas Workers’ Compensation \nCommission, in  a  timely  process.  The  claimant  was  placed  upon  notice  that  failing  to \nrespond to discovery, failing to pursue his claim in a timely manner, and failing to keep \nthe Commission notified of his mailing address, could result in the dismissal of his claim, \nwithout prejudice.  Pursuant  to no action  of  record  being  taken by  the  Claimant,  a third \nhearing was scheduled on November 18, 2025. \n The third  hearing  in  regard  to the dismissal of  the  claim was  scheduled  on \nNovember  18,  2025,  in  Little  Rock,  Arkansas,  and  the  Claimant  failed  to  appear.  The \nrespondents were represented by Carol Worley, who again requested that the matter be \ndismissed without prejudice pursuant to 11 C.A.R. 25 -110(d) of the Arkansas Workers’ \nCompensation Commission for failure to prosecute, or in the alternative that the matter \nbe dismissed without prejudice pursuant to A.C.A. § 11-9-702(a)(4), which provided for \ndismissal of a claim if no bona fide request for a hearing had been made within six (6) \nmonths of the filing of his claim. No response was filed by the Claimant in regard to the \nmotion. The Respondents alleged that the Claimant had taken no steps to prosecute his \nclaim within six months, after two previous Motion to Dismiss hearings.   \n\nWhitney Scruggs – H306164 \n3 \n \n After proper notice, a hearing was held on November 18, 2025, and the Claimant \nfailed to appear. The Respondents were represented by Carol Worley, who walked out \ninto the waiting room to again check to see if the Claimant had appeared, even though \nthe time was now fifteen minutes after the scheduled start time for the hearing. There was \nno record of a request  for a hearing being made  withing  six months  of  the  filing  of  the \nclaim or from the filing of the second Motion to Dismiss, and no record of any action taken \nto prosecute the claim. \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion to Dismiss without prejudice pursuant to 11 C.A.R. 110(d) of the Arkansas \nWorkers’ Compensation Commission and A.C.A. § 11-9-702(a)(4).   \n IT IS SO ORDERED. \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 AIU INSURANCE COMPANY/ SEDGWICK CMS, CARRIER/TPA RESPONDENT OPINION AND ORDER FILED NOVEMBER 26, 2025 A Hearing before Administrative Law Judge James D. Kennedy in Little ...","fetched_at":"2026-05-19T22:35:07.024Z","links":{"html":"/opinions/alj-H306164-2025-11-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCRUGGS_WHITNEY_H306164_20251126.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}