{"id":"alj-H402843-2025-04-16","awcc_number":"H402843","decision_date":"2025-04-16","opinion_type":"alj","claimant_name":"Brenda Powell","employer_name":"Amazon.Com, Inc","title":"POWELL VS. AMAZON.COM, INC. AWCC# H402843 April 16, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/POWELL_BRENDA_H402843_20250416.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"POWELL_BRENDA_H402843_20250416.pdf","text_length":5317,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H402843 \n \nBRENDA K. POWELL, \nEMPLOYEE CLAIMANT \n \nAMAZON.COM, INC., \nEMPLOYER RESPONDENT \n \nAMERICAN ZURICH INS. CO./ \nSEDGWICK CLAIMS MG’T SERVICES, INC. \nCARRIER/TPA RESPONDENT \n \n \nOPINION FILED APRIL 16, 2025, GRANTING RESPONDENTS’ MOTION TO \nDISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Wednesday, April 16, 2025, before the Arkansas Workers’ Compensation \nCommission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, \nPulaski County, Arkansas. \n \nThe claimant, Ms. Brenda K. Powell, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable David C. Jones, Newkirk & Jones, Little \nRock, Pulaski County, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Wednesday, April 16, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (202 Lexis \nReplacement) and Commission Rule 099.13 (2025 Lexis Replacement). \n The claimant initially was represented by counsel, Mr. Mark Peoples of The Peoples Law \nFirm of Little Rock, in this claim. By unanimous Full Commission order issued and filed on August \n7, 2024, the Commission granted the claimant’s attorney’s motion to be dismissed as the \nclaimant’s attorney of record. (Respondents’ Exhibit 1 at 15). \n\nBrenda K. Powell, AWCC No. H402843 \n2 \n \n Thereafter, on February 6, 2025, the respondents filed with the Commission a motion to \ndismiss this claim with or without prejudice (MTD) and brief in support thereof. Pursuant to the \napplicable law the Commission provided the claimant due and legal notice of both the respondents’ \nMTD, as well as notice of the subject hearing. The claimant failed and/or refused to respond to the \nrespondents’ motion in any way, and she failed and/or refused to appear at the subject hearing. \n(RX1 at 18-26; 1-30). \n The record herein consists of the hearing transcript and any and all exhibits contained therein \nand attached thereto. \nDISCUSSION \n Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), as well as our \ncourt of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 \nS.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the \nclaimant’s voluntary MTD. Rather than recite a detailed analysis of the record, suffice it to say the \npreponderance of the evidence introduced at the hearing and contained in the record conclusively \nreveals the claimant has neither taken any steps to pursue her claim, or to request a hearing on her \nclaim within the last six (6) months. \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, I hereby make the following: \n \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n \n1. The Commission has jurisdiction of this claim. \n \n2. After having received due and legal notice of the respondents’ MTD with or without \nprejudice and brief in support thereof filed with the Commission on February 6, 2025, as \nwell as notice of the subject hearing date, time, and place, the claimant failed and/or refused \n\nBrenda K. Powell, AWCC No. H402843 \n3 \n \nto respond to the respondents’ MTD in any way, and she failed and/or refused to appear at \nthe subject hearing. \n \n3. The claimant has failed and/or refused to either prosecute her claim, or to request a hearing \non her claim within the last six (6) months. \n \n4. Therefore, the unrebutted preponderance of the evidence compels the decision the \nrespondents’ MTD with or without prejudice filed February 6, 2025, should be and hereby \nis GRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant \nto the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and \nCommission Rule 099.13. \n \n If they have not already done so, the respondents hereby are ordered to pay the court \nreporter’s invoice within twenty (20) days of their receipt thereof. \n IT IS SO ORDERED. \n \n____________________________ \n Mike Pickens \n Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n \n \n\nBrenda K. Powell, AWCC No. H402843 \n4","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H402843 BRENDA K. POWELL, EMPLOYEE CLAIMANT AMAZON.COM, INC., EMPLOYER RESPONDENT AMERICAN ZURICH INS. CO./ SEDGWICK CLAIMS MG’T SERVICES, INC. CARRIER/TPA RESPONDENT OPINION FILED APRIL 16, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:41:42.894Z","links":{"html":"/opinions/alj-H402843-2025-04-16","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/POWELL_BRENDA_H402843_20250416.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}