{"id":"alj-H404428-2025-12-04","awcc_number":"H404428","decision_date":"2025-12-04","opinion_type":"alj","claimant_name":"Alesha Dabney","employer_name":"Dollar General Store","title":"DABNEY VS. DOLLAR GENERAL STORE AWCC# H404428 December 04, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/DABNEY_ALESHA_H404428_20251204.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"DABNEY_ALESHA_H404428_20251204.pdf","text_length":6021,"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 DECEMBER 4, 2025,  \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Wednesday,   December   4, 2025, before  the  Arkansas  Workers’ \nCompensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in \nLittle Rock, Pulaski County, Arkansas. \n \nThe  claimant,  Ms. Alesha  M.  Dabney,  pro  se,  of Sherwood,  Pulaski  County,  Arkansas,  failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable Lee J. Muldrow, Wright, Lindsey & Jennings, \nLittle Rock, Pulaski County, Arkansas.  \n \n \n \nSTATEMENT OF THE CASE \n \n          A  hearing was  conducted  on Wednesday, December  3,  2025,  to  determine  whether  this \nclaim should be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 \nLexis Replacement) and 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly \ncited as Commission Rule 099.13 (2025 Lexis Replacement)). \n         A previous hearing on the respondents’ first motion to dismiss without prejudice for lack of \nprosecution  (MTD1)  was  held  in  this  claim  on  May  14,  2025. (Commission  Exhibit  1). At  that \n\nAlesha M. Dabney, AWCC No. H404428 \n2 \n \ntime the claimant objected to the motion, and testified she intended to hire an attorney to represent \nher in this matter. It appears the claimant has not retained an attorney to represent her in this matter, \nnor has she taken any steps to prosecute her claim. Consequently, by a letter motion filed with the \nCommission on October 7, 2025, the respondents’ renewed their request to dismiss this claim \nwithout prejudice (MTD2). (Respondents’ Exhibit 1).  \n        Thereafter, the claimant was provided due and legal notice of both the respondents’ MTD2, \nas well as the date, time and place of the subject hearing on the motion. The claimant failed and/or \nrefused to respond to the respondents’ MTD2 in  any way; failed and/or refused to object to the \nrespondents’ MTD2; and failed and/or refused to appear at the subject hearing. \n        The record herein consists of the hearing transcripts of both the May 14, 2025, and December \n3, 2025, hearing transcripts and any and all exhibits contained therein and attached thereto, as well \nas the opinion filed May 16, 2025, denying the respondents’ MTD1. (Comms’n Ex. 1). \nDISCUSSION \n        Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2025 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 \nrespondents’ 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 failed and/or refused to either actively prosecute her claim, or to request \na hearing within the last six (6) months. Moreover, she has failed and/or refused to object to the \nrespondents’ MTD2. Therefore, after a thorough consideration of the issues at bar, the applicable \nlaw  as  applied  to  the facts of  this  claim,  and  other  relevant  matters  of  record including the \nrepresentations of credible counsel, I hereby make the following: \n\nAlesha M. Dabney, AWCC No. H404428 \n3 \n \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 both the respondents’ letter MTD2 without \nprejudice filed with the Commission on October 7, 2025, as well as due and legal notice of \nthe date, time,  and  place of  the  subject  hearing,  the  claimant failed  and/or  refused  to \nrespond to the MTD2 in any way; failed and/or refused to object to the MTD2; and failed \nand/or refused to appear at the subject hearing. \n \n3. The claimant has not requested a hearing within the last six (6) months and has taken no \naction(s) to raise any issues related to or to prosecute this claim.  \n \n4. Therefore, the preponderance of the evidence compels the decision the respondents’ letter \nMTD2 without prejudice filed October 7, 2025, should be and hereby is GRANTED; and \nthis claim is dismissed without prejudice to its refiling pursuant to the deadlines prescribed \nby Ark. Code Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) (formerly cited \nas Commission Rule 099.13). \n \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                                                                                 Mike Pickens \n                                                                                             Administrative Law Judge \n \n \n \n \n \n \n \n \n \n \n \n \n \nMP/mp \n \n                                                                                \n \n\nAlesha M. Dabney, AWCC No. H404428 \n4","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 DECEMBER 4, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:33:20.315Z","links":{"html":"/opinions/alj-H404428-2025-12-04","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/DABNEY_ALESHA_H404428_20251204.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}