{"id":"alj-H404428-2025-05-16","awcc_number":"H404428","decision_date":"2025-05-16","opinion_type":"alj","claimant_name":"Alesha Dabney","employer_name":"Dollar General Store","title":"DABNEY VS. DOLLAR GENERAL STORE AWCC# H404428 May 16, 2025","outcome":"dismissed","outcome_keywords":["dismissed:3"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DABNEY_ALESHA_H404428_20250516.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DABNEY_ALESHA_H404428_20250516.pdf","text_length":7857,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404428 \n \n \nALESHA M. DABNEY,  \nEMPLOYEE                                                                                                              CLAIMANT \n \nDOLLAR GENERAL STORE,  \nEMPLOYER                                                                                                         RESPONDENT  \n                                                                                     \nDOLGENCORP, LLC/ \nSEDGWICK CLAIMS MG’T SERVICES, INC. \nCARRIER/TPA                                                                                                    RESPONDENT                    \n                                                                                                                     \n \n \nOPINION FILED MAY 16, 2025,  \nDENYING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \nHearing conducted on Wednesday, May 14, 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. Alesha M. Dabney, pro se, of Sherwood, Pulaski County, Arkansas, appeared \nin person at the hearing. \n \nThe respondents were represented by the Honorable Lee J. Muldrow, Wright, Lindsey & Jennings, \nLittle Rock, Pulaski County, Arkansas.  \n \n \nSTATEMENT OF THE CASE \n \n          A hearing was conducted on Wednesday, May 14, 2025, to determine whether this claim \nshould be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis \nReplacement) and Commission Rule 099.13 (2025 Lexis Replacement).  \n         The claimant herein initially was represented by an attorney, the Honorable Gregory R. Giles. \nBy order filed January 29, 2025, the Full Commission granted Mr. Giles’s motion to withdraw as \nthe claimant’s  attorney of record. Thereafter, on  March 12, 2025, the respondents  filed a letter \n\nAshley M. Dabney, AWCC No. H404428 \n2 \n \nmotion  to  dismiss  (MTD)  this  claim  without  prejudice  with  the  Commission.  (Respondents’ \nExhibit 1).  \n        Pursuant to the applicable law the Commission provided the claimant due and legal notice of \nboth the respondents’ MTD as well as notice of the subject hearing via the United States Postal \nService (USPS), certified mail, return receipt requested, which she received on March 21, 2025. \n(Commission  Exhibit  1). The  claimant admittedly  did  not respond  in  any  way  to  either  the \nrespondents’  letter  MTD  or  the  hearing  notice;  however,  she  did appear pro  se at  the  subject \nhearing. (Hearing Transcript). \n        After  having  been  duly  sworn, the  claimant  testified  she has  tried  to  retain  an  attorney  to \nrepresent her in this matter, but to date has been unable to find a lawyer who is willing to represent \nher. She testified further she was unable to attend the December 30, 2024, appointment with Dr. \nCrouch which the respondents had scheduled for her due to transportation issues so she personally \ntook the initiative and rescheduled it  for February 2025. She was unable  to attend the February \n2025 appointment because her car was repossessed that month and she had no way to attend the \nappointment. Thereafter, the claimant rescheduled the appointment with Dr. Crouch for some time \nin  March  2025.  She  said  it  was  her  understanding  Dr.  Crouch  intended  to  prescribe  physical \ntherapy  (PT)  for  her.  She  testified  she  had  called  a  “Ms.  Milliken”  and  another  person  she \nunderstood were responsible for handling her workers’ compensation claim on the respondents’ \nbehalf, but that her call(s) were not returned. The claimant objected to the dismissal of her claim \nand said she would like to try to obtain counsel to represent her in this matter. (Hearing Transcript, \nClaimant’s Testimony). \n\nAshley M. Dabney, AWCC No. H404428 \n3 \n \n       The ALJ strongly encouraged the claimant to retain the services of an attorney to represent \nher in this matter, and told her the Commission had legal advisors with whom she could visit if \nshe so desired. (After the hearing, the claimant was directed to the Legal Advisors Division.) \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 the subject hearing on \nthe respondents’ MTD filed March 12, 2025. The claimant’s testimony, other evidence of record, \nand counsel’s argument in support of the MTD revealed the respondents filed the MTD because it \nwas their understanding the claimant had simply failed and/or refused to attend the December 30, \n2024, appointment they had scheduled for her and, also, it was their understanding the claimant \nhad not seen Dr. Crouch or any other physician since she admittedly failed to attend the scheduled \nDecember 30, 2024, appointment.  \n       The  evidence  adduced  at  the  hearing  further  revealed the  respondents  were  unaware of  the \nclaimant’s position concerning her problem of a lack of transportation; that she had in fact seen \nDr.  Crouch  at  least  one  (1)  time  in  2025  after  rescheduling  the  appointment  herself;  or  that  the \nclaimant  alleges  she  tried  to  contact  a  “Ms.  Milliken”  [sic]  or  anyone  else  associated  with  the \nrespondents regarding rescheduling the appointment with Dr. Crouch or any other issues related \nto her claim until the claimant testified at the subject hearing. And, of course, the claimant appeared \nin  person  pro  se  at  the  hearing  and  requested  her  claim  not  be  dismissed  because  it  was  her \nunderstanding Dr. Crouch intended for her to undergo physical therapy (PT). \n\nAshley M. Dabney, AWCC No. H404428 \n4 \n \n        Therefore, after a thorough consideration of the issues herein, the applicable law as applied \nto the facts of this claim, and other relevant matters of record, 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 filed with  the \nCommission on March 12, 2025, as well as notice of the subject hearing date, time, and \nplace, the claimant did not respond in any way to the MTD, but she did appear in person \nand pro se at the hearing and requested the ALJ not dismiss her claim due to her alleged \nneed for additional medical treatment.  \n \n3. Therefore, the respondents’ letter MTD filed March 12, 2025, is dismissed at this time. The \nrespondents’ may, of course, refile an MTD in the future if they believe they have grounds \nto do so.  \n \n        THE  CLAIMANT  IS  STRONGLY  ENCOURAGED  TO  RETAIN  AN  ATTORNEY \nTO REPRESENT HER IN THIS MATTER. MOREOVER, THE CLAIMANT MAY VISIT \nIN PERSON OR CALL THE COMMISSION’S LEGAL ADVISORS DIVISION AT 1-800-\n250-2511 OR 501-682-2694 IF SHE HAS ANY QUESTIONS CONCERNING HER CLAIM, \nTHE HEARING PROCESS, AND/OR RELATED MATTERS.  \n        If they have not already done so, the respondents hereby are ordered to pay the court reporter’s \ninvoice 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 \nMP/mp \n\nAshley M. Dabney, AWCC No. H404428 \n5","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404428 ALESHA M. DABNEY, EMPLOYEE CLAIMANT DOLLAR GENERAL STORE, EMPLOYER RESPONDENT DOLGENCORP, LLC/ SEDGWICK CLAIMS MG’T SERVICES, INC. CARRIER/TPA RESPONDENT OPINION FILED MAY 16, 2025, DENYING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:40:50.439Z","links":{"html":"/opinions/alj-H404428-2025-05-16","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DABNEY_ALESHA_H404428_20250516.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}