{"id":"alj-H403203-2025-06-24","awcc_number":"H403203","decision_date":"2025-06-24","opinion_type":"alj","claimant_name":"Jennifer Jenkins","employer_name":"Hino Motors Mfg. USA, Inc","title":"JENKINS VS. HINO MOTORS MFG. USA, INC. AWCC# H403203 June 24, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:3"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Jenkins_Jennifer_H403203_20250624.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"Jenkins_Jennifer_H403203_20250624.pdf","text_length":5727,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H403203 \n \nJENNIFER JENKINS, \nEMPLOYEE                                                                                                              CLAIMANT \n \nHINO MOTORS MFG. USA, INC., \nEMPLOYER                                                                                                         RESPONDENT  \n \nFIRST LIBERTY INS. CORP., \nCARRIER/TPA                                                                                                     RESPONDENT \n \n \nOPINION FILED JUNE 24, 2025 \n \nHearing   conducted   on Friday, May 16,   2025,  before  the  Arkansas  Workers’  Compensation \nCommission  (the  Commission),  Administrative  Law  Judge  (ALJ) Steven  Porch,  in Forrest  City, St. \nFrancis County, Arkansas. \n \nThe Claimant, Ms. Jennifer Jenkins, Pro Se, of Marion, Arkansas. \n \nThe Respondents were represented by the Honorable Zachary 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 May 16,  2025,  in Forrest  City,  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 a team member. The date for Claimant’s \nalleged injury was on May 9, 2024. She reported her injury to Respondent/Employer on the same date \nas the alleged injury. Admitted into evidence was Respondents Exhibit 1, pleadings, consisting of five \npages. The Commission admitted Commission Exhibit 1, postal return receipts, notice of hearing, and \ncorrespondence, consisting of seven pages. I have also blue-backed Form AR-1, and Form AR-2, as \ndiscussed infra. \nThe  record  reflects on May 15,  2024,  a  Form AR-1 was  filed  in  this  case,  reflecting  that \nClaimant purportedly reported that she was having back pain that increased in intensity resulting in \nwork limitations. Respondents on May 16, 2024, filed a Form AR-2, denying the compensability of \n\nJENKINS, AWCC No. H403203 \n \n2 \n \nClaimant’s alleged injuries. In short, the Respondents did not believe the Claimant sustained a work-\nrelated injury. On June 24, 2024, a Form AR-C was filed with the Commission through Claimant’s \nthen-attorney,  Mark  Peoples,  purporting  injuries  to  her back. Attorney Jason  Ryburn entered  his \nappearance  on  behalf  of  the  Respondents  on August  12,  2024. Attorney  Peoples filed  a  Motion  to \nWithdraw as Counsel on September 30, 2024, that was granted on October 18, 2024. \nThe Respondents next filed a Motion to Dismiss on February 20, 2025, requesting this claim \nbe dismissed 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 February 27, 2025, to her last known address. The certified \nnotice was claimed by Claimant on March 3, 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, and \nregular First-Class Mail, on March 27, 2025. The certified hearing notice was claimed by Claimant on \nMarch 31, 2025. The hearing took place on May 16, 2025. As mentioned before, the Claimant did not \nshow 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 May 16,  2025, \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 \n5. This claim is hereby dismissed without prejudice.     \n \n\nJENKINS, AWCC No. H403203 \n \n3 \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 March 31, 2025. 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 June 24, 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. H403203 JENNIFER JENKINS, EMPLOYEE CLAIMANT HINO MOTORS MFG. USA, INC., EMPLOYER RESPONDENT FIRST LIBERTY INS. CORP., CARRIER/TPA RESPONDENT OPINION FILED JUNE 24, 2025 Hearing conducted on Friday, May 16, 2025, before the Arkansas Workers’ Compensation Commi...","fetched_at":"2026-05-19T22:40:00.277Z","links":{"html":"/opinions/alj-H403203-2025-06-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Jenkins_Jennifer_H403203_20250624.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}