{"id":"alj-H306985-2024-11-21","awcc_number":"H306985","decision_date":"2024-11-21","opinion_type":"alj","claimant_name":"Sasha Giles","employer_name":"Amazon.Com Services, Inc","title":"GILES VS. AMAZON.COM SERVICES, INC. AWCC# H306985 November 21, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/GILES_SASHA_H306985_20241121.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GILES_SASHA_H306985_20241121.pdf","text_length":3257,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H306985 \nSASHA E. GILES, EMPLOYEE         CLAIMANT \n \nAMAZON.COM SERVICES, INC., \nEMPLOYER         RESPONDENT \n \nAMERICAN ZURICH INS. CO./ \nSEDGWICK CLAIMS MGMT. SVCS, \nINC., INSURANCE CARRIER/TPA     RESPONDENT \n      \nOPINION FILED NOVMEBER 21, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas \non November 5, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, David C. Jones. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on November 5, 2024, 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. The  claimant  was pro  se  and  failed  to  appear  for  the  hearing.  The  Claimant had \nalleged that on or about July 15, 2023, she had sustained a back injury arising out of and \nduring the course and scope of her employment with Amazon.Com, Inc.  An AR-C was \nfiled on her behalf on October 25, 2023, by her attorney at the time. On October 26, 2023, \nthe Compliance Division of the Commission sent the carrier a notice of the Form AR- C \nfiling and requested the carrier’s position as well as requesting the filing of the required \nForms AR-1 and AR- 2. A Form AR-1 and a Form AR-2 was filed on October 27, 2023, \ndenying the claim in its entirety, based on the lack of evidence to support an injury having \noccurred during the course and scope of her employment. \n\nSasha E. Giles – H306985 \nOn November 15, 2023, Defense counsel mailed a letter to the claimant’s attorney, \nMark  Peoples,  which  included  a  medical  authorization  and  discovery.  On  January  13, \n2024, Claimant’s attorney filed a Motion to Withdraw as Counsel, and after proper notice, \nthe Full Commission entered an Order allowing the claimant’s attorney to withdraw based \nupon the lack of an objection. No hearing request or further action has been taken by the \nclaimant in regard to this matter in over six (6) months. A Motion to Dismiss was filed by \nthe respondents in this matter on September 9, 2024.  \nAppropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss, was set for November 5, 2024, in Little Rock, Arkansas. The claimant \ndid not file a response and failed to appear on the hearing date. At the time of the hearing, \nDavid  C.  Jones appeared  on  behalf  of  the  Respondents and asked  that  the  matter  be \ndismissed for lack of prosecution. \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  the  attorney  for  the \nRespondent, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n      JAMES D. KENNEDY \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306985 SASHA E. GILES, EMPLOYEE CLAIMANT AMAZON.COM SERVICES, INC., EMPLOYER RESPONDENT AMERICAN ZURICH INS. CO./ SEDGWICK CLAIMS MGMT. SVCS, INC., INSURANCE CARRIER/TPA RESPONDENT OPINION FILED NOVMEBER 21, 2024 Hearing before Administrative Law Judge Jam...","fetched_at":"2026-05-19T22:46:46.759Z","links":{"html":"/opinions/alj-H306985-2024-11-21","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/GILES_SASHA_H306985_20241121.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}