{"id":"alj-H401250-2024-12-09","awcc_number":"H401250","decision_date":"2024-12-09","opinion_type":"alj","claimant_name":"Lisa Curtis","employer_name":"Engagemed, Inc","title":"CURTIS VS. ENGAGEMED, INC. AWCC# H401250 December 09, 2024","outcome":"dismissed","outcome_keywords":["dismissed:2","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/CURTIS_LISA_H401250_20241209.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CURTIS_LISA_H401250_20241209.pdf","text_length":5433,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H401250 \n \n \nLISA CURTIS,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nENGAGEMED, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nCINCINNATI INDEMNITY CO./ \nCINCINNATI INS. CO. \nCARRIER/TPA                                                                                                    RESPONDENT \n                                                                                                                                     \n \nOPINION TO DISMISS WITHOUT PREJUDICE \nFILED DECEMBER 9, 2024 \n \n \nHearing conducted on Friday, December 6, 2024, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Hot Springs, \nGarland County, Arkansas. \n \nThe claimant, Ms. Lisa Curtis, pro se, of Hot Springs, Garland County, Arkansas, failed and/or \nrefused to appear at the hearing.  \n \nThe respondents were represented by the Honorable Karen H. McKinney, Barber Law Firm, \nLittle Rock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n          A  hearing was  conducted  on Friday,  December  6,  2024,  to  determine  whether  this  claim \nshould be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024 \nLexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). On September 18, \n2024, the respondents filed a motion to dismiss this claim without prejudice (MTD) for lack of \nprosecution pursuant to the aforementioned statute and Commission rule.  \n        In compliance with the applicable law the claimant was mailed due and legal notice of the \nrespondents’ MTD as  well  as  the  date,  time,  and  location  of  the  subject  hearing via  the  United \n\nLisa Curtis, AWCC No. H401250 \n2 \n \nStates  Postal  Service  (USPS),  certified  mail,  return  receipt  requested,  which  she  received in \nOctober  2024. (Commission’s  Exhibit  1). The  claimant  did  not  respond  in  writing  to  the \nrespondents’ motion, and she failed and/or refused to appear 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) (2024 Lexis Repl.), as well as our court of \nappeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 \n(Ark. App. 2004), the Commission scheduled and conducted a hearing on the respondents’ motion \nto  dismiss. The respondents’ MTD contains a thorough, relevant, and accurate recitation of the \nfacts,  which  I  hereby  incorporate  by  reference  as  if  they  were  set  forth  word-for-word  herein. \n(Hearing Transcript; Respondents’ Exhibit 1). Rather than recite a detailed analysis of the record, \nsuffice it to say the preponderance of the evidence introduced at the hearing and contained in the \nrecord conclusively  reveals the claimant has failed and/or refused to prosecute her claim at this \ntime. (Respondents’ Exhibits 1A-E; 2, and 3). Therefore, I must conclude the claimant does not \nwish to pursue her claim. \n      Therefore,   after   a thorough   consideration   of   the   facts,   issues,   the applicable   law, \nrepresentations of highly credible counsel, and other relevant matters of record, I hereby make the \nfollowing: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having been mailed due and legal notice of the respondents’ MTD without prejudice \nfiled September  18,  2024,  as  well  as notice  of the date, time,  and  place of  the  subject \nhearing, the claimant failed and/or refused to respond in any way to the respondents’ MTD, \n\nLisa Curtis, AWCC No. H401250 \n3 \n \nand she failed and/or refused to appear at the hearing. Therefore, the claimant is deemed to \nhave waived her right to a hearing on the respondents’ MTD. \n \n3. The claimant has not requested a hearing in the last six (6) months, and she has failed to \nprosecute her claim. \n \n4. The respondents’ MTD without prejudice filed September 18, 2024, should be and hereby \nis GRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the \ndeadlines  prescribed by Ark.  Code  Ann. Section  11-9-702(a)  and  (b),  and Commission \nRule 099.13. \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 the 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 \nMP/mp \n \n \n \n\nLisa Curtis, AWCC No. H401250 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401250 LISA CURTIS, EMPLOYEE CLAIMANT ENGAGEMED, INC., EMPLOYER RESPONDENT CINCINNATI INDEMNITY CO./ CINCINNATI INS. CO. CARRIER/TPA RESPONDENT OPINION TO DISMISS WITHOUT PREJUDICE FILED DECEMBER 9, 2024","fetched_at":"2026-05-19T22:45:16.494Z","links":{"html":"/opinions/alj-H401250-2024-12-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/CURTIS_LISA_H401250_20241209.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}