{"id":"alj-H403580-2025-03-24","awcc_number":"H403580","decision_date":"2025-03-24","opinion_type":"alj","claimant_name":"Shamara Wheeler","employer_name":"Amazon.Com, Inc","title":"WHEELER VS. AMAZON.COM, INC. AWCC# H403580 March 24, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":["knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WHEELER_SHAMARA_H403580_20250324.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WHEELER_SHAMARA_H403580_20250324.pdf","text_length":5232,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nAWCC FILE No H403580 \n \nSHAMARA WHEELER, EMPLOYEE        CLAIMANT \n \nAMAZON.COM, INC., EMPLOYER                      RESPONDENT \n \nAMERICAN ZURICH INSURANCE CO./ \nSEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA        RESPONDENT \n  \n \n \nOPINION FILED 24 MARCH 2025 \n \n \nHeard before Arkansas Workers’ Compensation Commission (“the Commission”) \nAdministrative Law Judge JayO. Howe on 19 March 2025 in Little Rock, Arkansas. \n \nThe pro se claimant did not appear. \n \nNewkirk & Jones, Mr. Rick Behring, 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 19 March 2025. This case relates to an accepted claim of a specific \ninjury occurring on 10 October 2023. Two exhibits were entered into the record at the \nhearing. Commission’s Exhibit No 1 is a one-page proof of delivery form for a Certified \nLetter sent by the Commission to the claimant. Respondents’ Exhibit No 1 consists of 16 \npages of forms, pleadings, and correspondence relating to the claim. \nOn 4 June 2024 the claimant filed a Form AR-C through counsel that described a \nright knee injury. A First Report of Injury and a Form AR-2 were filed by the respondents \non 10 June 2024. Those forms indicated that a right knee injury had been accepted and that \nthe respondents were paying benefits.  \nOn 24 October 2024, the claimant’s attorney sought leave to withdraw from the case. \nOn 6 November 2024, the Full Commission entered an order granting that request. \n\nS. WHEELER- H403580 \n2 \n \nThe respondents filed the immediate motion on 17 December 2024. Their motion \ncites Ark. Code Ann. § 11-9-702(a)(4) & (d) (Repl. 2012) and Commission Rule 099.13 (“Rule \n13”) as grounds for a dismissal. They argued (1) that all appropriate benefits had been paid, \n(2) that the AR-C filed with the Commission only sought additional benefits, and (3) that \nthe claimant had not made a bona fide hearing request. They further state that a two \npercent (2%) permanent impairment rating was accepted and paid to the claimant shortly \nafter Dr. Joel Smith released her at maximum medical improvement on 16 August 2024. \n Notice of the respondents’ motion was sent to the claimant, consistent with \nCommission practices, via First Class Mail and Certified Mail, on 19 December 2024 to the \naddress provided on the AR-C. After no response or objection was received by my office, a \nnotice of a hearing on that motion was sent in the same fashion on 27 January 2025. The \nhearing was set for 19 February 2025; but proceedings for that day were cancelled due to \ninclement weather. Notice of the hearing’s rescheduling was sent on 21 February 2025. \nWhen mailings are returned to the AWCC as not accepted or undeliverable, those mailings \nare appended to the claim’s file. This file contains no returned mailings. A Proof of Delivery \nform dated 27 February 2025 was provided to the Commission by the United States Postal \nService. That form was admitted to the record as Commission’s Exhibit No 1. \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, I hereby make the following findings of fact \nand conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): \n 1. The Commission has jurisdiction over this matter. \n2. The parties were provided with reasonable notice of the Motion to Dismiss \nand the hearing on that motion. \n \n3. The evidence preponderates that the claimant has failed to prosecute a claim \nunder Rule 13. \n \n\nS. WHEELER- H403580 \n3 \n \n4. The Motion to Dismiss is hereby granted; this claim for additional benefits is \ndismissed without prejudice under Rule 13. \n \nDISCUSSION \nThe respondents appeared on 19 March 2025, presented their motion, and offered \nsupporting evidence into the record. As argued by the respondents at the hearing, the \nrecord reflects no bona fide request for a hearing on an issue ripe for litigation in this claim. \nThe claimant did not respond to the motion or appear at the hearing to argue against the \ndismissal of his claim. The respondents offered a number of the documents noted above into \nthe record which, collectively, were admitted as Respondents’ Exhibit No 1.  \nOur Rule 13 provides for a dismissal for failure to prosecute an action upon \napplication by either party and reasonable notice. Here, the claimant’s injury was accepted \nas compensable and medical and indemnity benefits, including a two percent (2%) \nimpairment rating, were paid. The claimant has not made a bona fide hearing request on \nany additional benefits or taken any other action towards prosecuting her claim. \n The evidence demonstrates that both parties were provided reasonable notice of the \nhearing and that no action has been taken on the claim for additional benefits since the \nfiling of the AR-C on 4 June 2024. Accordingly, a dismissal under Rule 13 is appropriate. \nBecause of this finding, the arguments made under § 11-9-702 will not be addressed. \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 H403580 SHAMARA WHEELER, EMPLOYEE CLAIMANT AMAZON.COM, INC., EMPLOYER RESPONDENT AMERICAN ZURICH INSURANCE CO./ SEDGWICK CLAIMS MANAGEMENT, CARRIER/TPA RESPONDENT OPINION FILED 24 MARCH 2025 Heard before Arkansas Workers’ Compensation Commission (“the Co...","fetched_at":"2026-05-19T22:43:02.132Z","links":{"html":"/opinions/alj-H403580-2025-03-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WHEELER_SHAMARA_H403580_20250324.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}