{"id":"alj-H401828-2025-09-09","awcc_number":"H401828","decision_date":"2025-09-09","opinion_type":"alj","claimant_name":"Keicha Robinson","employer_name":"Ace Hardware Corp","title":"ROBINSON VS. ACE HARDWARE CORP. AWCC# H401828 September 09, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":["knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Robinson_Keicha_H401828_09092025.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Robinson_Keicha_H401828_09092025.pdf","text_length":5856,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H401828 \n \nKEICHA ROBINSON,  \nEMPLOYEE                                                                                                                     CLAIMANT \n \nACE HARDWARE CORP., \nEMPLOYER                                                                                                                   RESPONDENT \n \nINDEMNITY INS. CO. OF AMERICA, \nCARRIER/TPA                                                                                                           RESPONDENT  \n \nGALLAGHER BASSETT SERVICES INC., \nTHIRD PARTY ADMINISTRATOR                                                                                       RESPONDENT  \n \nOPINION FILED SEPTEMBER 9, 2025 \n \nHearing  before  Administrative  Law  Judge Steven  Porch on August 12,  2025, in Little  Rock, \nPulaski County, Arkansas. \n \nThe Claimant was Pro Se, Little Rock, Arkansas. \n \nThe Respondents were represented by Mr. Rick Behring, Attorney at Law, Little Rock, Arkansas. \n \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non May 30, 2025. No testimony was taken in the case. Claimant, who according to Commission \nrecords is pro se, failed to appear at the hearing. \nThe Claimant worked for the Respondent/Employer as a warehouse specialist. The date for \nClaimant’s  alleged  injury  was  on January 10,    2024.    She    reported    her    injury    to \nRespondent/Employer  on the  same  day.  Admitted  into  evidence  was  Respondents’ Exhibit  1, \npleadings  and  correspondence,  consisting  of 28 pages.  I  have  also admitted  into  the  record \nCommission’s Exhibit 1, correspondence, pleadings, and return receipts, consisting of 6 pages, as \ndiscussed infra. \n\nROBINSON H401828 \n \n 2 \nThe record reflects on March 14, 2024, a Form AR-1 was filed in this case, purporting that \nClaimant was experiencing some pain in her left knee but was not sure how it occurred. She further \nstated that she woke up that morning with a sore knee. Respondents on March 18, 2024, filed a \nForm AR-2, denying compensability of Claimant’s alleged injuries due to the lack of a specific \nincident. The Claimant next requested a full hearing on April 3, 2024. A prehearing questionnaire \nwas sent to Claimant on June 18, 2024. Claimant’s prehearing questionnaire was due July 8, 2024. \nThe Claimant was granted additional time to turn in her prehearing questionnaire but failed to do \nso. As a result, the file was returned to general files on July 24, 2024.  \nThe Claimant has taken no action towards the prosecution of her claim since her file was \nreturned  to  general  files. The  Respondents  next  filed  a  Motion  to  Dismiss  on May 30,  2025, \nrequesting this claim be dismissed for a lack of prosecution. The Claimant was sent, certified and \nregular  U.S.  Mail,  notice  of  the  Motion  to  Dismiss  from  my  office  on June  4,  2025,  to  her  last \nknown address. The certified notice was claimed by Claimant on June 10, 2025. Claimant did not \nrespond to the notice in writing as required. Thus, in accordance with applicable Arkansas law, the \nClaimant was mailed due and proper legal notice of Respondents’ Motion to Dismiss hearing date \nat her current address of record via the United States Postal Service (USPS), First Class Certified \nMail,  Return Receipt  Requested,  and  regular  First-Class  Mail,  on July 8,  2025.  The  certified \nhearing notice was claimed by Claimant on July 15, 2025. The hearing took place on August 12, \n2025. The Claimant did not show up to the hearing. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \nTherefore,  after  a  thorough  consideration  of  the  facts,  issues,  the  applicable  law,  and  the \nevidentiary record, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n\nROBINSON H401828 \n \n 3 \n \n2. The Claimant and Respondents both had reasonable notice of the August 12, 2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed to prosecute his claim under AWCC Rule 099.13 (now codified at 11 C.A.R.  \n§25-110(d)).  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \nConsistent with 11  C.A.R.  §25-110(d)), the  Commission  scheduled  and  conducted  a \nhearing, with proper notice, on the Respondents’ Motion to Dismiss. The certified hearing notice \nwas  claimed  by  Claimant  on July 15,  2025. Respondent’s counsel was present and argued the \nmotion. Thus, I find by the preponderance of the evidence that reasonable notice was given to both \nparties.  \n11 C.A.R. §25-110(d)), allows the Commission, upon meritorious application, to dismiss \nan  action  pending  before  it  due  to  a  want  of  prosecution.  The  Claimant’s filed was  returned  to \ngeneral files on July 24, 2024. Since then, the Claimant has not taken steps to prosecute her claim, \ni.e. return prehearing questionnaire or comply with Respondents discovery request. Therefore, I \ndo find by the preponderance of the evidence that Claimant has failed to prosecute her claim. Thus, \nRespondents’ Motion to Dismiss should be granted. \n \nCONCLUSION \n Based on the Findings of Fact and Conclusions of Law set forth above, Respondents’ \nMotion to Dismiss is hereby granted without prejudice. \n \n\nROBINSON H401828 \n \n 4 \n      \n \n IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401828 KEICHA ROBINSON, EMPLOYEE CLAIMANT ACE HARDWARE CORP., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF AMERICA, CARRIER/TPA RESPONDENT GALLAGHER BASSETT SERVICES INC., THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED SEPTEMBER 9, 2025 Hearing before Adm...","fetched_at":"2026-05-19T22:36:09.922Z","links":{"html":"/opinions/alj-H401828-2025-09-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Robinson_Keicha_H401828_09092025.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}