{"id":"alj-H400572-2024-12-20","awcc_number":"H400572","decision_date":"2024-12-20","opinion_type":"alj","claimant_name":"Tammy Craft","employer_name":"Family Dollar Stores Of Ar, Inc","title":"CRAFT VS. FAMILY DOLLAR STORES OF AR, INC. AWCC# H400572 December 20, 2024","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CRAFT_TAMMY_H400572_20241220.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CRAFT_TAMMY_H400572_20241220.pdf","text_length":7193,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H400572 \n \n \nTAMMY CRAFT, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nFAMILY DOLLAR STORES OF AR, INC.,   \nEMPLOYER                                                                                                            RESPONDENT     \n \nGALLAGHER BASSETT SERVICES, INC.,/SEDGWICK \nCLAIMS MANAGEMENT SERVICES, INC., INSURANCE  \nCARRIER/THIRD PARTY ADMINISTRATOR(TPA)                                        RESPONDENT                                                                    \n \nOPINION FILED DECEMBER 20, 2024   \n \nHearing held before Administrative Law Judge Chandra L. Black, Little Rock, Pulaski County, \nArkansas. \n \nThe Claimant  represented  by  the  Honorable  Mark  A.  Peoples,  Attorney  at  Law,  Little  Rock, \nArkansas.  Mr. Peoples waived his appearance at the hearing    \n \nRespondents represented by the Honorable Jarrod Parrish, Attorney at Law, Little Rock, Arkansas. \n \n                                                  STATEMENT OF THE CASE      \n \n A  hearing  was  held  on December  19, 2024,  in  the  present  matter  pursuant  to Dillard  v. \nBenton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W. 3d 287 (2004), to determine whether \nthe above-referenced matter should be dismissed for failure to prosecute under the provisions of \nArk. Code Ann. §11-9-702, and/or Arkansas Workers’ Compensation Commission Rule 099.13.  \nAppropriate Notice of this hearing was had on all parties to their last known address, in the \nmanner prescribed by law.   \nNo testimony was taken. \nThe  record  consists  of  the  transcript  of December  19, 2024, hearing  and  the  documents \nheld therein.  The Commission’s Exhibit consists of two pages,  which  were  provided to  the \nCommission by the United States Postal Service.  It was marked accordingly.  The Respondents’ \n\nCRAFT - H400572 \n \n2 \n \nExhibit 1 consists of twelve (12) numbered pages of pleadings, correspondence, and various other \nforms related to this claim. \n                                                             Procedural History \n On April 22, 2024, the Claimant’s attorney filed with the Commission a claim for Arkansas \nworkers’ compensation benefits via a Form AR-C.  Per this document, the Claimant alleged that \nshe  sustained multiple injuries during the  course  and  in  the  scope  of  his employment with  the \nrespondent-employer, on December 28, 2023.  The Claimant requested both initial and additional \nbenefits.  In fact, he checked off all the boxes for every conceivable workers’ compensation benefit \nunder the law. \n  The respondent-insurance-carrier filed a Form AR-2 with the Commission on January 25, \n2024.  Per this form, the Respondents accepted this claim as a compensable claim. \n Since this time, the Claimant has not tried to pursue or otherwise resolve his claim, nor has \nhe made a bona fide request for a hearing since the filing for the Form AR-C.  \n Therefore, on December 16, 2024, the Respondents filed a Motion to Dismiss for Failure \nto Prosecute, with the Commission, along with a Certificate of Service to the Claimant’s attorney.  \nHence, the Respondents forwarded a copy of said motion to the attorney via an e-mail.  \n The Claimant’s attorney sent an email to my office on December 18, 2024.  He wrote, “I \nas that I be excused.  Claimant does not oppose, provided dismissal is w/o prejudice.”  \n    Pursuant to an e-mail, the Commission notified the parties that the matter had been set for \na hearing on the Respondents’ motion to dismiss.  Said hearing was scheduled for December 19, \n2024, at the Arkansas Workers’ Compensation Commission in Little Rock, Arkansas. \nThe hearing was held as scheduled.  The Claimant’s attorney waived his appearance at the \nhearing.   The Respondents’ counsel appeared  at  the  hearing  and argued that  the Claimant  has \n\nCRAFT - H400572 \n \n3 \n \nfailed  to  prosecute  her claim  for  workers’  compensation  benefits.  More  specifically, the \nRespondents’ counsel noted that the Claimant has not taken any action to advance her claim since \nthe filing of the Form AR-C, which was done almost a year ago.  He further essentially noted that \nthe Claimant’s attorney does not oppose the claim being dismissed without prejudice.  Therefore, \nthe Respondents’ attorney moved that this claim be dismissed without prejudice pursuant to Ark. \nCode Ann. §11-9-702, and/or Commission Rule 099.13.  \n            A review of the evidence shows that the Claimant has had ample time to pursue her claim \nfor workers’ compensation benefits, but she has failed to do so.  Specifically, the Claimant has not \nrequested a hearing or otherwise made any effort to prosecute her claim for workers’ compensation \nbenefits since the filing of the Form AR-C almost a year ago; and nor has she resisted the motion \nfor dismissal of his workers’ compensation claim.  In fact, counsel for the Claimant has advised \nthat he does not object to the claim being dismissed without prejudice.   \nHere, the evidence preponderates that the Claimant has failed to prosecute this claim for \nworkers’ compensation benefits. Counsel for the Claimant does oppose the claim being dismissed \nwithout  prejudice.  Therefore,  after  consideration  of  the  evidence before  me,  I  find that the \nRespondents’ motion to dismiss for a lack of prosecution to be well taken.  I thus find that pursuant \nto the  provisions of Ark. Code  Ann.§11-9-702, and Commission  Rule  099.13,  this  claim for \nworkers’ compensation benefits is hereby respectfully dismissed without prejudice to the refiling \nwithin the limitation period specified under the Arkansas Workers’ Compensation Act (the “Act”). \n                            FINDINGS OF FACT AND CONCLUSIONS OF LAW \nOn  the  basis  of  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: \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n\nCRAFT - H400572 \n \n4 \n \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  does  not  object  to  this  claim  being  dismissed  without \nprejudice.    \n \n            4. The Respondents’ motion to dismiss this claim for 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 \n                                                           ORDER \n \n Based  upon  the  foregoing findings, I  have  no  alternative  but  to  dismiss  this  claim  for \nworkers’  compensation  benefits.  This  dismissal  is per Ark.  Code  Ann.  §11-9-702, and \nCommission  Rule  099.13, without  prejudice to  the  refiling  of  this claim  within the limitation \nperiod specified under the Act. \n          IT IS SO ORDERED. \n \n \n \n                              _______________________________ \n               Chandra L. Black \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H400572 TAMMY CRAFT, EMPLOYEE CLAIMANT FAMILY DOLLAR STORES OF AR, INC., EMPLOYER RESPONDENT GALLAGHER BASSETT SERVICES, INC.,/SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., INSURANCE CARRIER/THIRD PARTY ADMINISTRATOR(TPA) RESPONDENT OPINION FILED DECEMBER 20,...","fetched_at":"2026-05-19T22:45:52.185Z","links":{"html":"/opinions/alj-H400572-2024-12-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CRAFT_TAMMY_H400572_20241220.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}