{"id":"alj-H401912-2025-02-27","awcc_number":"H401912","decision_date":"2025-02-27","opinion_type":"alj","claimant_name":"Patience Bragg","employer_name":"United Parcel Service, Inc","title":"BRAGG VS. UNITED PARCEL SERVICE, INC. AWCC# H401912 February 27, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["wrist"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BRAGG_PATIENCE_H401912_20250227.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRAGG_PATIENCE_H401912_20250227.pdf","text_length":4871,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H401912 \n \nPATIENCE BRAGG, EMPLOYEE       CLAIMANT \n \nUNITED PARCEL SERVICE, INC., EMPLOYER         RESPONDENT \n \nLM INSURANCE CORP./LIBERTY MUTUAL GROUP, \nCARRIER/TPA                RESPONDENT \n  \n \n \nOPINION FILED 27 February 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 26 February 2025 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nNewkirk & Jones, Mr. David Jones, 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 26 February 2025. This case relates to an alleged workplace injury \nsustained on or about 28 February 2024.  \nA First Report of Injury was filed on 18 March 2024, indicating an injury to the \nclaimant’s hand. The respondents subsequently filed a Form AR-2 denying the claim. They \nindicated that the claimed injury did not appear to be new or distinct from a previously \nclaimed injury. An amended Form AR-2 was filed on 27 March 2024 that reaffirmed the \nrespondents’ denial of liability for a new injury. The respondents note that the claimant \npreviously prosecuted an accepted claim (H109846) for a wrist injury. \nOn 25 March 2024, the Commission received the claimant’s request for a hearing on \nthe denial of this claim. Then, on 21 April 2024, the claimant sent an email to the adjuster \nassigned to her claim stating, “As of today I will not be moving forward with this [matter].” \n\nBRAGG- H401912 \n2 \n \nThe respondents forwarded that notice to the Commission the following day. Then, on 27 \nApril 2024, the respondents sought confirmation from the claimant on her notice of intent \nto drop her claim. She did not respond to that request, so they provided discovery requests \nto the claimant on 1 May 2024. The claimant did not provide any response(s) to those \nrequests. \nOn 6 May 2024, my office sent a letter to the claimant advising that, consistent with \nher expressed intent, the claim file was being returned to the Clerk’s office. That letter \ndirected that any request for further action should be directed to the Clerk of the \nCommission. The file does not indicate any such communication from the claimant. \n The respondents eventually moved for a dismissal for lack of prosecution on 10 \nDecember 2024, citing ACA §§ 11-9-702(a)(4), (d) and Commission Rule 099.13. Therein, \nthey argued that more than six months had passed since the request for a hearing and the \nnotice of the claimant withdrawing her request for a hearing. They also argued that the \nclaimant did not respond to their discovery requests sent around the time of her request to \nwithdraw the hearing request. \n Notice of the respondents’ motion was sent to the claimant, consistent with AWCC \npractices, via First Class Mail and Certified Mail, on 11 December 2024. After no response \nor objection was received by the Commission, a notice of a hearing on that motion was sent \nin the same fashion on 22 January 2025. When mailings are returned to the AWCC as not \naccepted or undeliverable, those mailings are appended to the claim’s file. This file contains \na return of only the certified letter from 11 December 2024. \nThe respondents appeared on 26 February 2025, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the file \nreflects no bona fide request for a hearing on an issue ripe for litigation in this claim in the \nrelevant time preceding the filing of their motion. The claimant did not appear to resist the \n\nBRAGG- H401912 \n3 \n \ndismissal of his claim, which is consistent with her notice of intent to abandon this claim. \nThe respondents offered a number of documents into the record which, collectively, were \nadmitted as Respondents’ Exhibit No 1. The exhibit included fifty-six (56) pages of records. \nContained therein are correspondence and filings from this claim and records from her \nprevious, accepted claim. \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 (1) that the parties were provided with reasonable notice of the respondents’ Motion \nto Dismiss and the hearing, (2) that the respondents’ Motion to Dismiss should be granted, \nand (3) that this matter should 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 H401912 PATIENCE BRAGG, EMPLOYEE CLAIMANT UNITED PARCEL SERVICE, INC., EMPLOYER RESPONDENT LM INSURANCE CORP./LIBERTY MUTUAL GROUP, CARRIER/TPA RESPONDENT OPINION FILED 27 February 2025 Heard before Arkansas Workers’ Compensation Commission (AWCC) Admini...","fetched_at":"2026-05-19T22:44:00.884Z","links":{"html":"/opinions/alj-H401912-2025-02-27","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BRAGG_PATIENCE_H401912_20250227.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}