{"id":"alj-H402792-2024-11-01","awcc_number":"H402792","decision_date":"2024-11-01","opinion_type":"alj","claimant_name":"Jessica Mccullough","employer_name":"Little Ceasars Pizza","title":"MCCULLOUGH VS. LITTLE CEASARS PIZZA AWCC# H402792 November 01, 2024","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":["wrist"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/McCullough_Jessica_H402792_20241101.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"McCullough_Jessica_H402792_20241101.pdf","text_length":5868,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H402792 \n \nJESSICA MCCULLOUGH, \nEMPLOYEE                                                                                                              CLAIMANT \n \nLITTLE CEASARS PIZZA, \nEMPLOYER                                                                                                         RESPONDENT  \n \nBRIDGEFIELD CASUALTY INS. CO., \nCARRIER                                                                                                             RESPONDENT \n \nSUMMIT CONSULTING, LLC, \nTHIRD PARTY ADMINISTRATOR                                                                RESPONDENT \n \n \nOPINION FILED NOVEMBER 1, 2024 \n \nHearing  conducted  on Friday, October 11,  2024,  before  the  Arkansas  Workers’  Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ) Steven  Porch,  in Jonesboro, \nCraighead County, Arkansas. \n \nThe Claimant, Ms. Jessica McCullough, Pro Se, of Blytheville, Arkansas. \n \nThe Respondents were represented by the Honorable Jason M. Ryburn, Little Rock, Arkansas. \n \n \nBACKGROUND \n \n  This matter comes before the Commission on a Motion to Dismiss by Respondents. A hearing \nwas  conducted  on October  11,  2024,  in Jonesboro,  Arkansas.  No  testimony  was  taken  in  the  case. \nClaimant, who according to Commission records is pro se, failed to appear at the hearing. \nThe  Claimant  worked  for  the  Respondent/Employer  as  an  assistant  manager. The date  for \nClaimant’s alleged injury was on November 1, 2022. She reported her injury to Respondent/Employer \non April  30,  2024. Admitted  into  evidence  was Respondents Exhibit  1, Form  AR-C,  Motion  to \nWithdraw, and Order, consisting of four pages. I have also blue-backed Form AR-1, a certified returned \nreceipt dated August 9, 2024 and certified returned receipt dated September 5, 2024, as discussed infra. \nThe record reflects on April 26, 2024, a Form AR-C was filed with the Commission through \nClaimant’s then-attorney, Mark Peoples, purporting alleged injuries to her hand, wrist, arm, and elbow. \n\nMCCULLOUGH, AWCC No. H402792 \n \n2 \n \nOn May 2, 2024, a Form  AR-1 was filed in this case, reflecting that Claimant purportedly reported \nthese injuries to Respondent/Employer on April 30, 2024. Respondents on May 2, 2024, filed a Form \nAR-2, challenging the compensability of Claimant’s alleged injuries. In short, this report alleges that \nClaimant’s injury doesn’t meet the statutory definition of accident. Attorney Jason Ryburn entered his \nappearance on behalf of the Respondents on May 3, 2024. Attorney Peoples filed a Motion to Withdraw \nas Counsel on July 1, 2024, that was granted on July 24, 2024. \nThe Respondents next filed  a Motion  to Dismiss on July 29,  2024, requesting  this  claim  be \ndismissed for a lack of prosecution. The Claimant was sent, certified and regular U.S. Mail, notice of \nthe Motion  to Dismiss  from my  office on August 5,  2024, to her last  known  address.  The certified \nnotice was claimed by Claimant on August 9, 2024. 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, and \nregular First-Class Mail, on September 3, 2024. The certified hearing notice was claimed by Claimant \non September 5, 2024. The hearing took place on October 11, 2024. As mentioned before, the Claimant \ndid 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 evidentiary \nrecord, I hereby make the following findings of fact and conclusions of law: \n \n1. The Commission has jurisdiction over this claim. \n \n2. The  Claimant and  Respondents  both  had reasonable  notice of  the October  11,  2024, \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.  \n \n4. The Respondents’ Motion to Dismiss should be granted. \n \n\nMCCULLOUGH, AWCC No. H402792 \n \n3 \n \n5. This claim is hereby dismissed without prejudice.     \n \nDISCUSSION \n Consistent with AWCC Rule 099.13, the Commission scheduled and conducted a hearing, with \nproper notice, on the Respondents’ Motion to Dismiss. The certified hearing notice was claimed by \nClaimant on September 5, 2024. Respondent’s counsel was present and argued the motion. Thus, I find \nby the preponderance of the evidence that reasonable notice was given to both parties.  \nAWCC Rule 099.13 allows the Commission, upon meritorious application, to dismiss an action \npending before it due to a want of prosecution. The Claimant filed her Form AR-C on April 26, 2024. \nSince then, Claimant has not made a demand for a hearing or has taken any other action in furtherance \nof this claim. In this regard, the Claimant has failed to do the bare minimum in prosecuting her claim. \nTherefore, I do find by the preponderance of the evidence that Claimant has failed to prosecute her \nclaim. Thus, Respondents’ Motion to Dismiss should be granted. \n \nCONCLUSION \n Based on the Findings of Fact and Conclusions of Law set forth above, Respondents’ Motion \nto Dismiss is hereby granted without prejudice. \n \n      IT IS SO ORDERED.  \n \n \n                                                                                               ______________________________ \n                                                                                               Steven Porch \n                                                                                               Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H402792 JESSICA MCCULLOUGH, EMPLOYEE CLAIMANT LITTLE CEASARS PIZZA, EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INS. CO., CARRIER RESPONDENT SUMMIT CONSULTING, LLC, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION FILED NOVEMBER 1, 2024 Hearing conducted on Friday, ...","fetched_at":"2026-05-19T22:46:02.748Z","links":{"html":"/opinions/alj-H402792-2024-11-01","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/McCullough_Jessica_H402792_20241101.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}