{"id":"alj-H306408-2024-05-28","awcc_number":"H306408","decision_date":"2024-05-28","opinion_type":"alj","claimant_name":"Carolea Fletcher","employer_name":"Team Staffing, Inc","title":"FLETCHER VS. TEAM STAFFING, INC. AWCC# H306408 MAY 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/FLETCHER_CAROLEA_H306408_20240528.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FLETCHER_CAROLEA_H306408_20240528.pdf","text_length":5037,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306408 \n \nCAROLEA R. FLETCHER, \nEMPLOYEE CLAIMANT \n \nTEAM STAFFING, INC., \nEMPLOYER RESPONDENT \n \nAMFED NAT’L INS. CO./ \nASCOT WORKERS’ COMPENSATION GROUP \nCARRIER/TPA RESPONDENT \n \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED MAY 28, 2024 \n \nHearing conducted on Tuesday, May 28, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Ms. Carolea R. Fletcher, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to attend the hearing. \n \nThe respondents were represented by the Honorable R. Scott Zuerker, Ledbetter, Cogbill, Arnold \n& Harrison, LLP, Ft. Smith, Sebastian County, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Tuesday, May 28, 2024, pursuant to the respondents’ motion to \ndismiss without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 Lexis Replacement) \nand Commission Rule 099.13 (2024 Lexis Repl.). \n The respondents filed a motion to dismiss without prejudice for lack of prosecution with the \nCommission on April 3, 2024. The claimant had been represented by counsel; however, by \nCommission order filed December 19, 2023, the claimant’s counsel was allowed to withdraw as \nher attorney of record. Consequently, pursuant to the applicable law the Commission mailed a \ncopy of the respondents’ motion to dismiss, as well as notice of the subject hearing to the claimant \nat her last known address of record on file with the Commission. The claimant failed and/or refused \n\nCarolea R. Fletcher, AWCC No. H306408 \n2 \n \nto respond to the respondents’ motion to dismiss in any way, and she failed and/or refused to \nappear at the subject hearing. \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4), as well as our court of appeals’ ruling in \nDillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), \nthe Commission scheduled and conducted a hearing on the respondents’ motion to dismiss. Rather \nthan recite a detailed analysis of the record, suffice it to say the preponderance of the evidence \nintroduced at the hearing and contained in the record conclusively reveals the claimant does not \nwish to proceed with the prosecution of his claim at this time and, therefore, he voluntarily concurs \nwith the respondents’ motion to dismiss the claim at this time, so long as the dismissal is without \nprejudice to its refiling if and when the claim becomes ripe for hearing. \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 \n1. The Commission has jurisdiction of this claim. \n \n2. The claimant failed and/or refused to respond in any way to the respondents’ motion to \ndismiss without prejudice filed April 3, 2024, and failed an/or refused to appear at the \nsubject hearing. Therefore, she hereby is deemed to have waived her right to a hearing on \nthe respondents’ motion to dismiss. \n \n3. The respondents’ motion to dismiss without prejudice filed April 3, 2024, should be and \nhereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n\nCarolea R. Fletcher, AWCC No. H306408 \n3 \n \n This Order shall not be construed to prohibit the claimant, her attorney, any attorney she may \nretain in the future, or anyone acting legally and on her behalf from refiling this claim if it is refiled \nwithin the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). \n If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n \n____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306408 CAROLEA R. FLETCHER, EMPLOYEE CLAIMANT TEAM STAFFING, INC., EMPLOYER RESPONDENT AMFED NAT’L INS. CO./ ASCOT WORKERS’ COMPENSATION GROUP CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED MAY 28, 2024","fetched_at":"2026-05-19T22:54:45.609Z","links":{"html":"/opinions/alj-H306408-2024-05-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/FLETCHER_CAROLEA_H306408_20240528.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}