{"id":"alj-H502140-2025-11-25","awcc_number":"H502140","decision_date":"2025-11-25","opinion_type":"alj","claimant_name":"Denisha Shepherd","employer_name":"Little Rock Hl","title":"SHEPHERD VS. LITTLE ROCK HL AWCC# H502140 November 25, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SHEPHERD_DENISHA_H502140_20251125.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHEPHERD_DENISHA_H502140_20251125.pdf","text_length":5707,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H502140 \n \n \nDENISHA SHEPHERD, \nEMPLOYEE CLAIMANT \n \nLITTLE ROCK HL, \nEMPLOYER RESPONDENT \n \nINDEMNITY INS. CO. OF NORTH AMERICA/ \nESIS, INC. \nCARRIER/TPA RESPONDENT \n \n \n \nOPINION FILED NOVEMBER 25, 2025, \nGRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE \n \n \nHearing conducted on Tuesday, November 25, 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. Denisha Shepherd, pro se, of Little Rock, Pulaski County, Arkansas, failed \nand/or refused to appear at the hearing. \n \nThe respondents were represented by the Honorable William C. (Bill) Frye, Frye Law Firm, P.A., \nNorth Little Rock, Pulaski County, Arkansas. \n \n \n \nSTATEMENT OF THE CASE \n \n A hearing was conducted on Thursday, September 11, 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 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly cited \nas Commission Rule 099.13 (2025 Lexis Replacement)). \n The claimant initially was represented by counsel in this matter, Mr. Mark Peoples of the \nPeoples Law Firm of Little Rock; however, by an order filed September 10, 2025, the Full \n\nDenisha Shepherd, AWCC No. H502140 \n2 \n \nCommission unanimously granted Mr. Peoples’s motion to withdraw as the claimant’s counsel of \nrecord. (Commission Exhibit 1). \n Thereafter, on September 25, 2025, the respondents filed via email a letter motion to dismiss \nthis claim without prejudice for lack of prosecution (MTD). (Comms’n Ex. 2; Respondents’ \nExhibit 1). In accordance with the applicable law the claimant was provided due and legal notice \nof both the respondents’ MTD as well as the date, time, and place of the MTD hearing. The \nclaimant has failed and/or refused to respond to the respondents’ MTD in any way; has failed \nand/or refused to object to the respondents’ MTD; and failed and/or refused to appear at the \nhearing. \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) (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’ MTD. \n Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to \nthe facts of this claim, and other relevant matters of record including the representations of credible \ncounsel, I hereby make the following: \n\nDenisha Shepherd, AWCC No. H502140 \n3 \n \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 MTD without \nprejudice filed with the Commission on September 25, 2025, as well as due and legal notice \nof the date, time, and place of the subject hearing, the claimant failed and/or refused to \nrespond to the MTD in any way; failed and/or refused to object to the MTD; 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 \nMTD without prejudice filed September 25, 2025, should be and hereby is GRANTED; \nand this claim is dismissed without prejudice to its refiling pursuant to the deadlines \nprescribed by Ark. Code Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) \n(formerly cited as 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 \n \n \n\nDenisha Shepherd, AWCC No. H502140 \n4 \n \n \nMP/mp","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H502140 DENISHA SHEPHERD, EMPLOYEE CLAIMANT LITTLE ROCK HL, EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA/ ESIS, INC. CARRIER/TPA RESPONDENT OPINION FILED NOVEMBER 25, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE","fetched_at":"2026-05-19T22:34:56.587Z","links":{"html":"/opinions/alj-H502140-2025-11-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SHEPHERD_DENISHA_H502140_20251125.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}