{"id":"alj-H502061-2025-09-18","awcc_number":"H502061","decision_date":"2025-09-18","opinion_type":"alj","claimant_name":"Brittany Kanu","employer_name":"University Of Arkansas For Medical Sciences/uams","title":"KANU VS. UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES/UAMS AWCC# H502061 September 18, 2025","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/KANU_BRITTANY_H502061_20250918.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KANU_BRITTANY_H502061_20250918.pdf","text_length":7150,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO.: H502061 \n \nBRITTANY KANU,  \nEMPLOYEE                                                                                                              CLAIMANT                                                    \n \nUNIVERSITY OF ARKANSAS FOR MEDICAL  \nSCIENCES/UAMS,   \nEMPLOYER                                                                                                         RESPONDENT  \n \nPUBLIC EMPLOYEE CLAIMS DIVISION, \nCARRIER/TPA                                                                                                    RESPONDENT                                                                                  \n                                               \n \nOPINION FILED SEPTEMBER 18, 2025   \n \nHearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, \nArkansas. \n  \nClaimant/Pro Se failed to appear at the hearing.      \n \nRespondents represented by The Honorable Robert H. Montgomery, Attorney at Law, Little \nRock, Arkansas. \n \n                                                  STATEMENT OF THE CASE      \n \n A hearing was held on the Respondents’ motion to dismiss want of prosecution, on August \n27,  2025, this claim for workers’ compensation benefits pursuant  to Dillard  v.  Benton  County \nSheriff’s Office, 87 Ark. App. 379, 192 S.W. 3d 287 (2004).  Here, the sole issue for determination \nis whether this claim should be dismissed due to the Claimant’s failure to timely prosecute it under \nArk. Code Ann. §11-9-702 (Repl. 2012), and/or Arkansas Workers’ Compensation Commission \nRule 099.13 (now codified at 11 C.A.R. § 25-110 (d)).  \n      The record consists of the hearing transcript of the August 27, 2025.  The Respondents \noffered into evidence one exhibit, a Respondents’ Documentary Exhibit, consisting of eleven (11) \nnumbered  pages,  and  a cover  sheet  for  a  total  of  twelve (12) pages.    Said  exhibit was marked \nRespondents’ Exhibit 1.   Also, Commission’s Exhibit 1 encompasses a Documentary Exhibit \n\nKANU – H502061 \n \n2 \n \ntotaling five (5) pages was admitted into evidence.  Both exhibits were introduced into evidence \nwithout objection.      \n No testimony was taken at the hearing. \n          DISCUSSION \nThe Claimant  alleged  that  she  sustained  a  compensable  injury  while  working  for  the \nrespondent-employer  on  or  about  December  4,  2024.    She  alleged  that  she  sustained  an  alleged \ninjury due to exposure to dust.     \nOn or  about April  3,  2025, the Respondents filed  a  Form  AR-2 with  the  Commission \ncontroverting this claim.  Specifically, the Respondents asserted: “Respondents are denying claim \nbecause there are no objective medical findings of an injury.”   \nSince the assertion of an injury, the Claimant has failed to make a bona fide request for a \nhearing on the merits before the Commission in this matter.  Hence, the Claimant has continued to \nnot prosecute  or  otherwise  pursue  her  claim.   However,  she  requested  a  hearing  and  then  she \nwithdrew her request for a hearing on July 9, 2025.  The Claimant stated that she does not wish to \ncontinue with the claim because she has not been able to retain legal counsel.    \nOn July 22, 2025, the Respondent filed with the Commission, a Motion to Dismiss, with a \ncertificate of service to the Claimant.  Per this document, the Respondents certified that they had \nserved a copy of the foregoing pleading to the Claimant by electronic mail.     \nTherefore, on July 24, 2025, my office sent a Notice of Hearing to the parties letting them \nknow that  a  hearing was  scheduled for Wednesday,  at 1:30 p.m.,  on August  27,  2025,  on  the \nRespondents’ motion to dismiss.  Said  hearing  was scheduled to  be  held at  the  Commission,  in \nLittle Rock. \n\nKANU – H502061 \n \n3 \n \nA hearing was held on the Respondents’ motion for dismissal as scheduled.   During the \nhearing,  counsel for  the  Respondents moved that  the  claim  be  dismissed due  to  a  lack  of \nprosecution under the provisions of Ark. Code Ann. §11-9-702 and Rule 099.13 (now codified at \n11 C.A.R. § 25-110 (d)).   \nAlthough the Claimant did not file a formal claim via a Form AR-C, I find that her letter \nwherein she asked for a hearing is sufficient to establish a claim for initial workers’ compensation \nbenefits.      \nNevertheless, my review of the record shows that more than six (6) months have passed \nsubsequent  to the  filing  of  the  Form  AR-C  for  a  claim  of workers’ compensation benefits.  \nHowever, despite  being  given  proper  notice  of  the  dismissal  hearing  in  the  manner  prescribed \nunder the law, the Claimant did not appear at the hearing to object to the dismissal of her claim \nafter indicating that she wishes to have it dismissed.   \nUnder these circumstances, I am persuaded that the Claimant has had ample time to pursue \nher claim for  benefits; but she has  failed  to  do  so.  Therefore,  based  on my  review  of  the \ndocumentary  evidence,  and  all  other  matters  properly  before  the  Commission,  I  find  that  the \nRespondents’ motion to dismiss the within claim should be granted pursuant to Rule 099.13 (now \ncodified at 11 C.A.R. § 25-110 (d)).   \n Accordingly, this claim is hereby dismissed without prejudice, to the refiling of it within \nthe limitation period specified by law. \n                                        Findings of Fact and Conclusions of Law \nOn the basis of the record as a whole, I hereby make the following findings of fact and \nconclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of this \nclaim.  \n\nKANU – H502061 \n \n4 \n \n \n2. The Claimant filed a letter claim for Arkansas workers’  compensation \nbenefits. \n \n3. Since this time, the Claimant has asked that her claim be dismissed.  \n \n4. On July 22, 2025, the Respondents filed with the Commission a Motion to \nDismiss. \n \n5. After notice of hearing was given to the parties in the manner as prescribed \nby  law,  a  hearing  was  held  on  the  Respondents’  motion  to  dismiss.  \nHowever, the Claimant did not appear at the hearing to object to her claim \nbeing dismiss and she has asked that her claim be dismissed.   \n \n6. Notice of the hearing was tried on all the parties in the manner prescribed \nby law. \n \n7. That the Respondents’ motion to dismiss is hereby granted pursuant to the \nprovisions  of Commission Rule  099.13 (now  codified  at  11  C.A.  R.§ 25-\n110 (d)), without prejudice, to the refiling of the claim within the specified \nlimitation period. \n \nORDER \nBased on the foregoing Findings of Fact and Conclusions of Law, I find that pursuant to \nRule 099.13 (now codified at 11 C.A.R. § 25-110 (d)).  This claim is hereby dismissed without \nprejudice, to the refiling within the limitation period specified by law.      \nIT IS SO ORDERED. \n   \n \n                                                                      ________________________________ \n  CHANDRA L. BLACK  \n                                                     Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: H502061 BRITTANY KANU, EMPLOYEE CLAIMANT UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES/UAMS, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 18, 2025 Hearing held before Administrative Law Judge Chandra L. ...","fetched_at":"2026-05-19T22:36:30.688Z","links":{"html":"/opinions/alj-H502061-2025-09-18","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/KANU_BRITTANY_H502061_20250918.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}