{"id":"alj-H402583-2025-07-02","awcc_number":"H402583","decision_date":"2025-07-02","opinion_type":"alj","claimant_name":"Tiffany Mason","employer_name":"Cncj Transportation, Inc","title":"MASON VS. CNCJ TRANSPORTATION, INC. AWCC# H402583 July 02, 2025","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1","denied:3"],"injury_keywords":["shoulder","neck","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MASON_TIFFANY_H402583_20250702.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MASON_TIFFANY_H402583_20250702.pdf","text_length":2194,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H402583 \n \nTIFFANY MASON, Employee CLAIMANT \n \nCNCJ TRANSPORTATION, INC., Employer RESPONDENT \n \nPROTECTIVE INS., Carrier RESPONDENT \n \n \n \n OPINION FILED JULY 2, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE GREGORY  K.  STEWART in  Fort \nSmith, Sebastian County, Arkansas. \n \nClaimant represented  by MATTHEW  J.  KETCHAM,  Attorney  at  Law, Fort  Smith, \nArkansas. \n \nRespondents  represented  by KAREN  H.  MCKINNEY,  Attorney  at  Law, Little  Rock, \nArkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for a review following a hearing on respondent’s Motion to \nDismiss. \n On  April  17,  2024,  claimant  filed  Form  AR-C  alleging  an  injury  to  her  left \nshoulder,  neck,  and  back  on  November  16,  2023.  Respondent  denied  compensability \nand a prehearing conference conducted at which time a hearing was scheduled on the \nclaimant’s  claim.  Respondent  filed  discovery  requests  on  the  claimant  and  claimant \nfailed  to  respond  to  those  discovery  requests.  As  a  result,  a  continuance  was  granted \non  claimant’s  failure  to  respond  to  discovery.  Claimant  has  now  responded  to  the \ndiscovery requests but has not requested a hearing. \n\nMason – H402583 \n \n-2- \n Since  more  than  six  months  have  elapsed  without  a  hearing  being  requested, \nrespondent  filed  a  Motion  to  Dismiss  on  November  1,  2024.  A  hearing  was  scheduled \non the respondent’s Motion to Dismiss for June 16, 2025, and notice of the hearing was \nsent  to  claimant  by  certified  mail  but  returned  as  “Undeliverable”.  Claimant  did  not \nappear at the hearing. \n At the hearing claimant was represented by her attorney, Matthew Ketcham. Mr. \nKetcham indicated that claimant wishes to proceed with a hearing on her claim.  \n Based  upon  claimant’s  desire  to  proceed  to  a  hearing  on  her  claim,  the \nrespondent’s  motion  to  dismiss  this  claim  should  be  and  hereby  is  denied. \nRespondent’s request for attorney fees is also hereby denied. \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H402583 TIFFANY MASON, Employee CLAIMANT CNCJ TRANSPORTATION, INC., Employer RESPONDENT PROTECTIVE INS., Carrier RESPONDENT OPINION FILED JULY 2, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Claima...","fetched_at":"2026-05-19T22:38:12.854Z","links":{"html":"/opinions/alj-H402583-2025-07-02","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MASON_TIFFANY_H402583_20250702.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}