{"id":"alj-H402459-2025-08-25","awcc_number":"H402459","decision_date":"2025-08-25","opinion_type":"alj","claimant_name":"Makala Sanders","employer_name":"Obi Holding Co","title":"SANDERS VS. OBI HOLDING CO. AWCC# H402459 August 25, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:3"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Sanders_Makala_H402459_20250825.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Sanders_Makala_H402459_20250825.pdf","text_length":5637,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H402459 \n \nMAKALA SANDERS,  \nEMPLOYEE                                                                                                                     CLAIMANT \n \nOBI HOLDING CO., \nEMPLOYER                                                                                                                   RESPONDENT \n \nSENTRY CASUALTY CO., \nCARRIER/TPA                                                                                                           RESPONDENT  \n \n \nOPINION FILED AUGUST 25, 2025 \n \nHearing before Administrative Law Judge Steven Porch on July 29, 2025, in Little Rock, Pulaski \nCounty, Arkansas. \n \nThe Claimant was Pro Se, Little Rock, Arkansas. \n \nThe Respondents were represented by Mr. Jarrod Parrish, Attorney at Law, Little Rock, Arkansas. \n \nI.  BACKGROUND \n This matter comes before the Commission on a Motion to Dismiss filed by Respondents \non May  8,  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 an apheresis technician. The date \nfor  Claimant’s  alleged  injury  was  on January   25,   2024.   She   reported   her   injury   to \nRespondent/Employer on January 30, 2024. Admitted into evidence was Respondents’ Exhibit 1, \npleadings  and  correspondence,  consisting  of 15 pages.  I  have  also admitted  into  the  record \nCommission’s Exhibit 1, correspondence, pleadings, and return receipts, consisting of 8 pages, as \ndiscussed infra. \nThe  record  reflects  on July 31,  2024,  a  Form  AR-C was  filed  with  the  Commission by \nClaimant’s then-attorney,  Laura  Beth  York, purporting that  Claimant injured  her  back  and  left \n\nSANDERS H402459 \n \n 2 \nfoot. On April 11, 2024, a Form AR-1 was filed in this case, purporting that Claimant was injured \nwhile  riding  the  company  bus  when  it  hydroplaned  causing  equipment and  the  Claimant  to  be \nthrown out of place with some equipment striking the Claimant. Respondents on April 16, 2024, \nfiled  a  Form  AR-2, neither challenging nor  confirming compensability of Claimant’s alleged \ninjuries. However, at the hearing the Respondents confirmed that the Claimant’s injuries were \ncompensable. However, the Claimant would not respond to her attorney from March 18, 2025, to \nMarch 26, 2025, and beyond those dates. Claimant’s attorney filed a Motion  to  Withdraw  as \nCounsel on April 3, 2025. The Full Commission granted this request on April 30, 2025. Resp. Ex. \n1, pp. 4-9. \nThe Respondents next filed a Motion to Dismiss on May 8, 2025, requesting this claim be \ndismissed for a lack of prosecution. The Claimant was sent, certified and regular U.S. Mail, notice \nof the Motion to Dismiss from my office on May 20, 2025, to her last known address. The certified \nnotice was claimed by Claimant on May 22, 2025. Claimant did not respond to the notice in writing \nas required. Thus, in accordance with applicable Arkansas law, the Claimant was mailed due and \nproper legal notice of Respondents’ Motion to Dismiss hearing date at her current address of record \nvia the United States Postal Service (USPS), First Class Certified Mail, Return Receipt Requested, \nand  regular  First-Class  Mail,  on June  23,  2025.  The  certified  hearing  notice  was  claimed  by \nClaimant on June 30, 2025. The hearing took place on July 29, 2025. The Claimant did not show \nup 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 \n\nSANDERS H402459 \n \n 3 \n \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant  and  Respondents  both  had  reasonable  notice  of  the July 29,  2025, \nhearing. \n \n3. Respondents have proven by the preponderance of the evidence that Claimant has \nfailed  to  prosecute  his claim  under 11 C.A.R.§  25-110  (formerly AWCC  Rule \n099.13.)  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \n Consistent with 11 C.A.R.§ 25-110, the Commission scheduled and conducted a hearing, \nwith proper notice, on the Respondents’ Motion to Dismiss. The certified hearing notice was \nclaimed by Claimant on June 30, 2025. Respondent’s counsel was present and argued the motion. \nThus, I find by the preponderance of the evidence that reasonable notice was given to both parties.  \nFurthermore, 11 C.A.R.§ 25-110, allows the Commission, upon meritorious application, to \ndismiss an action pending before it due to a want of prosecution. The Claimant filed her Form AR-\nC on July 31, 2024. Since then, the Claimant has not requested a bona fide hearing. 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. \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      \n \n \n\nSANDERS H402459 \n \n 4 \n IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H402459 MAKALA SANDERS, EMPLOYEE CLAIMANT OBI HOLDING CO., EMPLOYER RESPONDENT SENTRY CASUALTY CO., CARRIER/TPA RESPONDENT OPINION FILED AUGUST 25, 2025 Hearing before Administrative Law Judge Steven Porch on July 29, 2025, in Little Rock, Pulaski County, A...","fetched_at":"2026-05-19T22:37:58.263Z","links":{"html":"/opinions/alj-H402459-2025-08-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Sanders_Makala_H402459_20250825.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}