{"id":"alj-H306174-2024-06-10","awcc_number":"H306174","decision_date":"2024-06-10","opinion_type":"alj","claimant_name":"Alisha Cotton","employer_name":null,"title":"COTTON VS. OUACHITA COUNTY MEDICAL CENTERAWCC# H306174June 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:1"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/COTTON_ALISHA_H306174_20240610.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"COTTON_ALISHA_H306174_20240610.pdf","text_length":10990,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H306174 \n \n \nALISHA COTTON, \nEMPLOYEE                                                                                                                 CLAIMANT \n                                                                                                           \nOUACHITA COUNTY MEDICAL CENTER,  \nEMPLOYER                                                                                                            RESPONDENT \n \nAHA WORKERS’ COMPENSATION SIT,   \nINSURANCE CARRIER                                                                                        RESPONDENT     \n  \nRISK MANAGEMENT RESOURCES, \nTHIRD PARTY ADMINISTRATOR (TPA)                                                          RESPONDENT                                                                                                                             \n                                                                                                                                       \n                    \nOPINION FILED JUNE 10, 2024   \n \nHearing before  Administrative Law Judge Chandra  L.  Black, in El  Dorado, Union County, \nArkansas. \n \nThe Claimant, pro se, did not appear at the hearing.   \n \nRespondents represented by the Honorable Jarrod Parrish, Attorney at Law, Little Rock, Arkansas. \n \n                                                         Statement of the Case      \n \nA  hearing  was  held  on June 5,  2024, in  the  present claim for workers’ compensation \nbenefits pursuant to Dillard v. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W. 3d \n287 (2004), to determine whether the above-referenced matter should be dismissed for failure to \nprosecute  under  the  provisions  of  Ark. Code  Ann. §11-9-702 (Repl. 2012), and/or Arkansas \nWorkers’ Compensation Commission Rule 099.13.     \nAppropriate Notice of this hearing was served on all parties to their last known address, in \nthe manner prescribed by law.   \nNo testimony was taken during the dismissal hearing.   \n\nCOTTON – H306174 \n \n2 \n \n The record consists of the transcript of the June 5, 2024, hearing and the documents held \nthere.   Admitted into evidence was Commission’s Exhibit 1 consisting of four (4) pages of forms, \npleadings, and correspondence from the Commission’s file on the claim; and Respondents’ Exhibit \n1 comprising  of pleadings, correspondence,  unexecuted authorizations, discovery  requests, and \nvarious  other forms  related  to  this  claim, consisting  of ten (10) pages.   Moreover,  in  order  to  \nadequately address this matter under Ark. Code Ann. § 11-9-705(a)(1) (Repl. 2012)(Commission \nmust “conduct the hearing  . . . in a manner which best ascertains the rights of the parties”), and \nwithout objection, I have blue-backed to the record, correspondence and accompanying documents \nfrom the Commission’s file on the claim, consisting of four (4) totaled pages.  In accordance with \nSapp  v.  Tyson  Foods,  Inc.,  2010  Ark.  App.  517,  ___  S.W.3d  ___,  these  documents  have  been \nserved on the parties in conjunction with this opinion. \n                                                          Procedural Background \nOn September 21, 2023, the Claimant’s former attorney filed with the Commission a claim \nfor Arkansas workers’ compensation benefits on behalf of the Claimant by way of a Form AR-C.  \nAccording to this document, the Claimant provided the following description of her alleged work-\nrelated accidental injury: “Claimant was injured during the course and scope of her employment.  \nClaimant sustained injuries to her right knee, right elbow, and other whole body.”  Per the Form \nAR-C,  the Claimant requested both initial and  additional workers’ compensation benefits.  The \ndate of the Claimant’s work-related accident happened on July 23, 2023.    \nThe respondent-carrier filed a Form AR-2 with the Commission on September 25, 2023, \nconfirming that they were accepting this matter as a medical only claim.  On that same day, the \nclaims specialist further notified the Commission’s Director Operations/Compliance, among other \nthings,  that  the  Claimant  was  working  her  normal  sedentary  duty.   She  also  informed  the \n\nCOTTON – H306174 \n \n3 \n \nCommission  that  there  were  not  any  known  issues  with  the  claim, and  that  all proper  medical \ntreatment was being paid.   \nSubsequently, there was no action taken on this claim.  \nTherefore, on January  12,  2024,  the Claimant’s attorney filed  with  the  Commission  a \nmotion to withdraw from representing the Claimant in this matter.  There being no objection to the \nmotion for the Claimant’s attorney to withdraw as counsel of record, the Full Commission entered \nan Order on February 8, 2024, granting the motion.      \nAfter this  action,  there  was  no  bona  fide  request  for  a  hearing  made  with  respect  to  this \nclaim.   \nConversely, on March 21, 2024, the Respondents filed a Motion to Dismiss for Failure to \nProsecute.  The Respondents’ attorney certified that a copy of the foregoing pleading was served \non the Claimant via U.S. Mail.  For their motion for dismissal, the Respondents primarily asserted \nthat the Claimant has not sought any type of bona fide hearing before the Workers’ Compensation \nCommission over the last six (6) months.   \nThe Commission sent a letter notice on March 25, 2024, to the Claimant informing her of \nthe Respondents’ motion for  dismissal  of  her  claim.  Said  letter was mailed to  the  Claimant  by \nboth first-class and certified mail.  Per this correspondence, the Claimant was given a deadline of \ntwenty (20) days for filing a written response to the Respondents’ motion to dismiss.  \nInformation received by the Commission from the United States Postal Service shows that \nthey delivered this item to the Claimant.  The electronic return receipt bears the Claimant’s printed \nname, as well as her cursive signature.  Moreover, the letter notice mailed to the Claimant via first-\nclass mail has not been returned to the Commission.  \nYet, there has been no response from the Claimant in this regard.  \n\nCOTTON – H306174 \n \n4 \n \nSubsequently, on April 25, 2024, the Commission sent an Amended Notice of Hearing to \nthe parties letting them know that a dismissal hearing was scheduled to address the Respondents’ \nmotion to  dismiss this  claim  due  to  a  lack  of  prosecution.   The hearing notice  was  sent  to  the \nClaimant via certified and first-class mail.  Said hearing was set for June 5, 2024, at 9:30 a.m., in \nEl Dorado, Arkansas. \nTracking information received by the Commission from the Postal Service shows that as \nof the date of the dismissal hearing, the Post Office was unable to deliver this item to the Claimant.  \nThis item was returned to the Commission.  On the contrary, the notice sent to the Claimant via \nfirst-class mail has not been returned to the Commission.    \nStill, there was no response from the Claimant.    \n On June 5, 2024, a dismissal hearing was in fact conducted on the Respondents’ motion \nfor dismissal of this claim as scheduled.  The Claimant did not appear at the dismissal hearing.  \nHowever, the Respondents appeared through their attorney.  \nCounsel for the Respondents asserted that the Claimant has failed to promptly prosecute \nthis claim for workers’ compensation benefits.  The Respondents’ attorney argued that there has \nbeen no attempt whatsoever on the part of the Claimant to move forward or otherwise prosecute \nthis claim via a bona fide request for a hearing on the merits within the last six (6) months and/or \nsince the  filing  of  the  Form  AR-C.  Therefore,  counsel asserted that  the  Claimant  has  failed  to \nprosecute her claim for  workers’  compensation  benefits.    As  a  result, the attorney  for  the \nRespondents asked  that  the  claim  be  dismissed  due  to  a  failure  to  prosecute, with  or without \nprejudice, because the Claimant has not requested a hearing within the last six (6) months.  The \nRespondents’ attorney moved that the claim be dismissed under Ark. Code Ann. §11-9-702 and \n\nCOTTON – H306174 \n \n5 \n \nCommission Rule 099.13.  Of note, counsel stated that all appropriate benefits have been paid on \nthis claim. \nThe evidence before me proves that the Claimant has failed to promptly prosecute her claim \nfor workers’ compensation benefits.  In that regard, the Claimant has not requested a hearing since \nher former  attorney filed  the  Form  AR-C, which  was done more  than  six (6) months  ago.   Of \nsignificance, the Claimant did not appear at the hearing to object to her claim being dismissed, and \nshe  has  not  responded  to  the  notices  of  this  Commission,  despite  having  received notice  of  the \nmotion  for  dismissal. Under  these circumstances,  I  am  compelled  to  find  that  the  evidence \npreponderates  that  the  Claimant  has failed  to  prosecute  her claim for workers’ compensation \nbenefits.  Therefore, per Ark. Code Ann. §11-9-702 and Rule 099.13 of this Commission, I find \nthat this claim should be and is hereby respectfully dismissed, without prejudice, to the refiling of \nit within the limitation period specified by law.   \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased  on the  record  as  a  whole,  I  hereby  make  the  following  findings  of  fact  and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The Respondents filed with the Commission a motion for dismissal of this \nclaim, for which a hearing was held. \n \n3. The  Claimant  has  not  requested  a  hearing  since  her former attorney \nrequested filed the Form AR-C, which was more than six (6) months ago.  \nHence, the evidence preponderates that the Claimant has failed to prosecute \nher  claim  for  workers’  compensation  benefits based upon  the relevant \nprovisions  of  the specified  statute,  Ark.  Code  Ann.  11-9-702, and  Rule \n099.13 of this Commission.       \n \n4. Appropriate Notice of the dismissal hearing was had on all parties to their \nlast known address, in the manner prescribed by law.    \n \n\nCOTTON – H306174 \n \n6 \n \n            5. The Respondents’ motion to dismiss this claim for a lack of prosecution is \nhereby  granted, without  prejudice,  per  Ark. Code  Ann. §11-9-702,  and \nCommission Rule 099.13, to the refiling of it within the limitation period \nspecified by law.  \n \nORDER \nIn accordance with the findings of fact and conclusions of law set forth above, this claim \nis hereby dismissed pursuant to Ark. Code Ann. 11-9-702, and Arkansas Workers’ Compensation \nCommission  Rule 099.13, without  prejudice, to  the  refiling  of it, within  the limitation  period \nspecified by law.  \n \n \n \n                              _______________________________ \n               CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H306174 ALISHA COTTON, EMPLOYEE CLAIMANT OUACHITA COUNTY MEDICAL CENTER, EMPLOYER RESPONDENT AHA WORKERS’ COMPENSATION SIT, INSURANCE CARRIER RESPONDENT RISK MANAGEMENT RESOURCES, THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT OPINION FILED JUNE 10, 2024 Heari...","fetched_at":"2026-05-19T22:52:29.691Z","links":{"html":"/opinions/alj-H306174-2024-06-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/COTTON_ALISHA_H306174_20240610.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}