{"id":"alj-H400696-2025-06-06","awcc_number":"H400696","decision_date":"2025-06-06","opinion_type":"alj","claimant_name":"Ray Branch","employer_name":"Jacksonville North Pulaski School District","title":"BRANCH VS. JACKSONVILLE NORTH PULASKI SCHOOL DISTRICT AWCC# H400696 June 09, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BRANCH_RAY_H400696_20250606.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRANCH_RAY_H400696_20250606.pdf","text_length":7244,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO.: H400696 \n \n \nRAY C. BRANCH, \nEMPLOYEE                                                                                                                 CLAIMANT \n \nJACKSONVILLE NORTH PULASKI SCHOOL DISTRICT,  \nEMPLOYER                                                                                                            RESPONDENT                                                                                                       \n \nARKANSAS SCHOOL BOARDS ASSOCIATION – SIF,   \nCARRIER                                                                                                                RESPONDENT                                                                                                      \n          \nOPINION FILED JUNE 6, 2025   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the Honorable Shelia F. Campbell, Attorney at Law, North Little Rock, \nArkansas.         \n \nRespondents represented  by the  Honorable  Guy Alton  Wade, Attorney  at  Law,  Little  Rock, \nArkansas. \n \n                                                         Statement of the Case      \n \n A hearing was held on May 28, 2025, in the present matter pursuant to Dillard v. Benton \nCounty Sheriff’s Office,  87  Ark.  App.  379,  192  S.W.  3d  287  (2004),  to  determine  whether  the \nabove-referenced matter should be dismissed for failure to prosecute under the provisions of Ark. \nCode Ann. §11-9-702 (d) (Repl. 2012), and Arkansas Workers’ Compensation Commission Rule \n099.13.  \nAppropriate Notice of this hearing was had on all parties to their last known address, in the \nmanner prescribed by law. \nAlthough the Claimant appeared at the hearing, no testimony was taken.   \nTherefore,  the record  consists  of  the  transcript  of  the May  28,  2025, hearing  and  the \ndocuments  contained  therein.   Also,  the  entire Commission’s Exhibit  1consists  of twelve  (12) \n\nBranch – H400696 \n \n2 \n \npages; and the Respondents’ Hearing Exhibit Packet consisting of eight (8) pages was marked as \nRespondents’ Exhibit 1.     \n                                                                 Discussion \n On January 30,  2024, the Claimant’s attorney filed with  the Commission a claim for \nArkansas workers’ compensation benefits via a Form AR-C.  Specifically, the Claimant alleged \nthat he sustained an injury to his back on September 5, 2023.  The Claimant’s attorney checked \nboxes for workers’ compensation benefits in the form of both initial and additional benefits.   \n  The respondent-insurance-carrier filed a Form AR-2 with the Commission on February 7, \n2024, wherein   they denied compensability of   the   claim on   the   grounds of “incomplete \ninvestigation.” \n On July 11, 2024, the Claimant’s attorney wrote to the Commission to request a hearing \non the merits of the claim. \n The claim was transferred to my office for a full hearing.  Preliminary Questionnaires and \nNotices  were  mailed  to  the  parties  with  deadlines  for  filing  timely  responses.  A  prehearing \ntelephone conference was held in this matter on  September 11, 2024.    At that time, the parties \nagreed to return the claim to the Commission’s general files pending completion of discovery, \nwhich was done.   \n Since this time, there has been no bona fide action on the part of the Claimant to prosecute \nthis claim or otherwise pursue any benefits.  \nOn April 1, 2025, the Respondents filed with the Commission a letter-motion asking that \nthe claim be dismissed for a lack of prosecution.  The Respondents notified the Claimant of their \nmotion for dismissal by way of mailing a copy of it to his attorney.   \n\nBranch – H400696 \n \n3 \n \nThe  Commission  sent  a letter-notice to  the  Claimant and  his  attorney,  on  April  8,  2025.   \nPer this correspondence, the Claimant was given a deadline of twenty (20) days, for filing a written \nresponse to the Respondents’ motion.  \n There was no response from the Claimant. \nTherefore, pursuant to a Hearing Notice dated May 5, 2025, the Commission notified the \nparties that a hearing was scheduled to address the Respondents’ motion to dismiss this claim due \nto  a  lack  of  prosecution.   Said hearing  was  scheduled  for May  28,  2025, at 11:00 a.m.,  at the \nArkansas Workers’ Compensation Commission, in Little Rock, Arkansas. \n Subsequently, a hearing was in fact conducted on the Respondents’ motion for dismissal \nas scheduled.  The Claimant and his attorney appeared at the hearing, but no testimony was taken.  \nNevertheless, the Respondents appeared through their attorney.   \nCounsel for  the  Respondents noted that  the Claimant  has  failed  to timely prosecute  his \nclaim for workers’ compensation benefits.  Counsel essentially  stated  that there  has  been  no \nattempt on the part of the Claimant to move forward with a hearing since October 2024.  At that \ntime, the Claimant’s deposition was taken.  Obviously, counsel for the Respondents moved that \nthis claim be dismissed without prejudice under the provisions of Ark. Code Ann. §11-9-702, and \nArkansas Workers’ Compensation Commission Rule 099.13.  Counsel for the Claimant asked that \nthe claim be dismissed without prejudice. \nThe record before me proves that the Claimant has failed to timely prosecute his claim for \nworkers’ compensation benefits.  The Claimant does  not object  to his claim  being dismissed \nwithout prejudice.  Therefore, per Ark. Code Ann. §11-9-702 and Rule 099.13 of this Commission, \nthis claim is hereby dismissed, without prejudice, to the refiling of it within the limitation period \nspecified by law.   \n\nBranch – H400696 \n \n4 \n \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 (Repl. 2012): \n1.        The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n \n2. The Respondents filed with the Commission, letter-motion to dismiss this \nclaim, for which a hearing was held. \n \n3. The evidence preponderates that the Claimant has failed to timely prosecute \nhis claim for workers’ compensation benefits.  The Claimant consents to his \nclaim being dismissed without prejudice.   \n \n4. Appropriate notice of the dismissal hearing was attempted on all parties to \ntheir last known address, in the manner prescribed by law.    \n \n            5. The Respondents’ motion  to  dismiss  is hereby granted without prejudice, \npursuant to Ark. Code Ann. §11-9-702 and Commission Rule 099.13, to the \nrefiling of it within the limitation period specified by law.  \n \nORDER \n \n In accordance with the findings of fact and conclusions of law set forth above, this claim \nis hereby dismissed pursuant to the provisions of Ark. Code Ann. §11-9-702 and Commission Rule \n099.13, without prejudice, to the refiling of it within the appropriate limitation period. \n IT IS SO ORDERED. \n \n \n                              _______________________________ \n               CHANDRA L. BLACK \n               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H400696 RAY C. BRANCH, EMPLOYEE CLAIMANT JACKSONVILLE NORTH PULASKI SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION – SIF, CARRIER RESPONDENT OPINION FILED JUNE 6, 2025 Hearing held before Administrative Law Judge Chandra L. Black, ...","fetched_at":"2026-05-19T22:39:32.725Z","links":{"html":"/opinions/alj-H400696-2025-06-06","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BRANCH_RAY_H400696_20250606.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}