{"id":"alj-H401378-2024-11-20","awcc_number":"H401378","decision_date":"2024-11-20","opinion_type":"alj","claimant_name":"Robin Rigsby","employer_name":"Benton Utilities","title":"RIGSBY VS. BENTON UTILITIES AWCC# H401378 November 20, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2","denied:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/RIGSBY_ROBIN_H401378_20241120.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RIGSBY_ROBIN_H401378_20241120.pdf","text_length":2684,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H401378 \n \nROBIN RIGSBY, EMPLOYEE        CLAIMANT \n \nBENTON UTILITIES, EMPLOYER            RESPONDENT \n \nAR MUNICIPAL LEAGUE, CARRIER/TPA             RESPONDENT \n  \n \n \nOPINION FILED 20 NOVEMBER 2024 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 20 November 2024 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nMs. Mary K. Edwards appeared for the respondents. \n \nSTATEMENT OF THE CASE \n \n A hearing on the respondents’ Motion to Dismiss was held on this matter in Little \nRock, Arkansas, on 20 November 2024. This case relates to an alleged workplace injury \nsustained on or about 18 January 2024. A First Report of Injury was filed by the \nrespondents on 28 February 2024, and A Form AR-2 was filed the same day, noting that the \nclaim was denied as occurring outside of the course and scope of employment services. A \nForm AR-C was prepared by the claimant on 1 February 2024 and filed on 23 February \n2024. See Respondents’ Exhibit No 1. \n The respondents filed a Motion to Dismiss for Failure to Prosecute on 1 October \n2024, citing the applicable statute and rule. Notice of that motion was provided to the \nclaimant, who contacted the Commission’s Legal Advisor’s Division to discuss not opposing \nthe dismissal of her claim. A letter dated 25 October 2024 indicating that the claimant \n\nR. RIGSBY- H401378 \n2 \n \n“would appreciate it if this could be dismissed as soon as possible.” See Commission’s \nExhibit No 1. \nThe respondents appeared on 20 November 2024, presented their motion, and \noffered supporting evidence into the record. As argued by the respondents at the hearing, \nthe file reflects no request for a hearing on a claim in the relevant time preceding the filing \nof their motion. And the claimant did not appear at the hearing to resist the dismissal of \nthis claim. Indeed, her letter supporting a dismissal was introduced into the record. \n Ark. Code Ann. § 11-9-702(a)(4) states that a matter may be dismissed without \nprejudice after six months without a bona fide request for a hearing. Our Rule 99.13 \nprovides for a dismissal for failure to prosecute an action upon application by either party. \nBased on the record, the available evidence, and the arguments of the respondents’ counsel, \nI find that the respondents’ Motion to Dismiss should be granted and that the matter \nshould be dismissed without prejudice. \nORDER \n The Motion to Dismiss is GRANTED, and this matter is DISMISSED WITHOUT \nPREJUDICE. \nSO ORDERED. \n________________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION AWCC FILE No H401378 ROBIN RIGSBY, EMPLOYEE CLAIMANT BENTON UTILITIES, EMPLOYER RESPONDENT AR MUNICIPAL LEAGUE, CARRIER/TPA RESPONDENT OPINION FILED 20 NOVEMBER 2024 Heard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law Judge JayO. Howe on ...","fetched_at":"2026-05-19T22:46:40.557Z","links":{"html":"/opinions/alj-H401378-2024-11-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/RIGSBY_ROBIN_H401378_20241120.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}