{"id":"alj-H402853-2025-03-06","awcc_number":"H402853","decision_date":"2025-03-06","opinion_type":"alj","claimant_name":"Cheryl Humphrey","employer_name":"Healthy Connections, Inc","title":"HUMPHREY VS. HEALTHY CONNECTIONS, INC. AWCC# H402853 March 06, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HUMPHREY_CHERYL_H402853_20250306.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HUMPHREY_CHERYL_H402853_20250306.pdf","text_length":3622,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nAWCC FILE No H402853 \n \nCHERYL L. HUMPHREY, EMPLOYEE      CLAIMANT \n \nHEALTHY CONNECTIONS, INC., EMPLOYER         RESPONDENT \n \nUNION INSURANCE OF PROVIDENCE/ \nEMPLOYERS MUTUAL CASUALTY CO., CARRIER/TPA        RESPONDENT \n  \n \n \nOPINION FILED 6 MARCH 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (AWCC) Administrative Law \nJudge JayO. Howe on 5 March 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 5 March 2025. This case relates to an alleged workplace injury \nsustained on or about 6 March 2024.  \nThe claimant filed a Form AR-C on 30 April 2024, stating that she fell on a metal \nramp. A First Report of Injury was filed on 6 May 2024, alleging unknown injuries to \nmultiple body parts. The respondents subsequently filed a Form AR-2 denying the claim. \nOn 21 May 2024, the respondents served discovery on the claimant. [See Resp. Ex. \nNo 1.] The claimant failed to respond to those requests. Subsequently, on 26 December \n2024, the respondents filed the immediate motion seeking a dismissal of the claim for want \nof prosecution, citing ACA §§ 11-9-702(a)(4), (d) and Commission Rule 099.13. Therein, they \nargued that more than six months had passed without a bona fide request for a hearing on \n\nHUMPHREY- H402853 \n2 \n \nan issue ripe for litigation. They also argued that the claimant did not respond to their \ndiscovery requests.  \n Notice of the respondents’ motion was sent to the claimant, consistent with AWCC \npractices, via First Class Mail and Certified Mail, on 6 January 2025. After no response or \nobjection was received by the Commission, a notice of a hearing on that motion was sent in \nthe same fashion on 6 February 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 \nthe return of only the certified letter from 6 January 2025. \nThe respondents appeared on 5 March 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 \ndismissal of his claim. The respondents offered a number of documents into the record \nwhich, collectively, were admitted as Respondents’ Exhibit No 1. The exhibit included \ntwenty-five (25) pages of records. Contained therein are correspondence, forms, and filings \nrelated to the 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. \n \n \n\nHUMPHREY- H402853 \n3 \n \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 H402853 CHERYL L. HUMPHREY, EMPLOYEE CLAIMANT HEALTHY CONNECTIONS, INC., EMPLOYER RESPONDENT UNION INSURANCE OF PROVIDENCE/ EMPLOYERS MUTUAL CASUALTY CO., CARRIER/TPA RESPONDENT OPINION FILED 6 MARCH 2025 Heard before Arkansas Workers’ Compensation Commi...","fetched_at":"2026-05-19T22:42:24.410Z","links":{"html":"/opinions/alj-H402853-2025-03-06","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HUMPHREY_CHERYL_H402853_20250306.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}