{"id":"full_commission-H204111-2025-07-03","awcc_number":"H204111","decision_date":"2025-07-03","opinion_type":"full_commission","claimant_name":"Peggy Clemons","employer_name":"South County School District","title":"CLEMONS VS. SOUTH COUNTY SCHOOL DISTRICT AWCC# H204111 July 03, 2025","outcome":"dismissed","outcome_keywords":["affirmed:2","dismissed:5","granted:1","denied:1"],"injury_keywords":["hip","cervical","back","neck"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Clemons_Peggy_H204111_20250703.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Clemons_Peggy_H204111_20250703.pdf","text_length":6921,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H204111 \n \nPEGGY CLEMONS, \nEMPLOYEE \n \nCLAIMANT \nSOUTH COUNTY SCHOOL DISTRICT,  \nEMPLOYER \n \nRESPONDENT \nARKANSAS SCHOOL BOARDS ASSOCIATION \nWORKERS’ COMPENSATION TRUST, \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED JULY 3, 2025 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant appeared pro se. \n \nRespondents represented by the HONORABLE CAROL LOCKARD \nWORLEY, Attorney at Law, Little Rock, Arkansas. \n \nDecision of Administrative Law Judge:  Affirmed. \n \n \n OPINION AND ORDER \nThe claimant appeals an administrative law judge’s opinion filed \nJanuary 21, 2025.  The administrative law judge found that the claim should \nbe dismissed without prejudice.  After reviewing the entire record de novo, \nthe Full Commission affirms the administrative law judge’s opinion.     \n The record indicates that the claimant became employed with the \nrespondents, South Conway School District, on May 10, 2021.  A \nWORKERS COMPENSATION – FIRST REPORT OF INJURY OR \nILLNESS was prepared on February 10, 2022.  The FIRST REPORT OF \nINJURY OR ILLNESS indicated that the Date of Injury was February 9, \n\nCLEMONS - H204111  2\n  \n \n \n2022:  “On Ice or Snow, Put a student in the car, she slipped and fell on ice \n– Head, Right Elbow, Hip, Ribs.”  The record indicates that an adjuster \nwrote “Medical Only” on the FIRST REPORT.   \n An MRI of the claimant’s cervical spine was taken on April 1, 2022 \nwith the following impression: \n1. Unremarkable exam of the cervical spinal cord and canal. \n2. No cervical spinal canal or neural foraminal stenosis. \n \n Dr. Barry D. Baskin provided an evaluation on May 26, 2022: \nMs. Clemons is back in for follow-up.  I saw her initially on \nMay 26, 2022.  She has had 4 weeks of physical therapy with \nCharton Physical Therapy in Morrilton.  She states she has \ngotten some temporary benefit, but she continues to complain \nof pain in her neck....She has had a normal examination last \nvisit....Her MRI of the cervical spine April 1, 2022, only \nshowed degenerative changes.  No posttraumatic lesions \nwere identified.  Ms. Clemons states she has gone and gotten \nher ears evaluated about a year and a half ago because she \nwas having some decrease in her hearing, and she was told \nshe had some mild hearing loss.  I told her I did not think \ngetting a hearing evaluation would be related to her work \nfall.... \nI have released her from my care.  I think she is at maximum \nmedical improvement.  She comes across to me as fairly \ndemanding that I get an ear evaluation and that she be on \nlong-term lifting restrictions based on essentially negative \nexaminations and subjective complaints.  I explained objective \nand subjective, and I also explained the difference in private \ninsurance and Workers’ Compensation insurance and the \nneed for objective findings.  I also explained to her, if she \ndoes not agree with me putting her at maximum medical \nimprovement, then she can seek a second opinion.  Her \nappointment was attended by Stacey Henderson, RN, Case \nManager, and she is aware of my opinion regarding Ms. \nClemons.   \n \n\nCLEMONS - H204111  3\n  \n \n \n The record indicates that the claimant filed a Form AR-C, CLAIM \nFOR COMPENSATION, on June 6, 2022.  The ACCIDENT INFORMATION \nsection of the Form AR-C indicated that the Date of Accident was February \n9, 2022.  The claimant wrote, “I was loading car riders into their cars at end \nof school day 3:30 pm.  The school ramp is approximately 60 ft long.  Only \n2 ft of ice was scraped on each end for students and staff to exit and enter.  \nThe remaining 56 ft was iced over.  Of course parents vehicles were driving \npast the 2 ft scraped area.  After loading a student I turned to walk onto the \nramp.  Everything went black.  Shrek (sic) from the students & teachers \nawoke me.  Headache, neck, back,  should (sic), foot, ears loudly ringing.  \nUpper/lower back pain.”  The CLAIM INFORMATION section of the Form \nAR-C indicated that the claim was for “initial” benefits, specifically \n“Permanent Total Disability,” “Attorney Fees,” and “Medical Expenses.”   \n The respondents’ attorney corresponded with the Clerk of the \nCommission on April 12, 2023 and stated in part, “No bona fide hearing \nrequest has been made since the filing of the Form AR-C.  In light of this, \nRespondents are requesting this claim be dismissed for lack of prosecution \nso that the litigation aspect of this claim can be closed.  Please assign this \nmatter to an administrative law judge for consideration of this Motion and \nentry of an order regarding the same.”   \n\nCLEMONS - H204111  4\n  \n \n \n A Program Specialist in the Adjudication Division informed the \nparties on May 1, 2023, “Pursuant to claimant’s request for a hearing, \nrespondent’s Motion to Dismiss will be held in abeyance.”  The \nrespondents’ attorney informed a representative of the Commission on May \n9, 2023, “I am in receipt of the Form C filed by Claimant today.  This is to \nconfirm that my client accepted injuries to Claimant’s head, right elbow, hip \nand ribs on 2/9/22.  This is an accepted medical only claim, and all other \nbenefits have been denied.” \n An administrative law judge filed an opinion on January 21, 2025.  \nThe administrative law judge ordered, “Pursuant to the above statement of \nthe case, and the multiple issues and hearings in regard to this matter, it is \ndetermined that the claimant has taken little to no action to actively pursue \nher claim over an extended period of time and there is no alternative but to \ngrant the Motion to Dismiss this claim in its entirety, without prejudice, for \nfailure to prosecute.”   \n After reviewing the entire record de novo, the Full Commission \naffirms the administrative law judge’s opinion granting the respondents’ \nMotion to Dismiss.  The Full Commission finds that the claim should be \ndismissed for want of prosecution in accordance with Commission Rule \n099.13.  Said dismissal shall be without prejudice in accordance with Ark. \nCode Ann. §11-9-702(b)(Repl. 2012).  We note that the claimant has not \n\nCLEMONS - H204111  5\n  \n \n \nsubmitted any relevant medical evidence demonstrating that she is entitled \nto additional medical treatment in accordance with Ark. Code Ann. §11-9-\n508(a)(Repl. 2012), and the claimant has not submitted relevant evidence \ndemonstrating that she is entitled to any periods of temporary disability, \npermanent disability, or other appropriate workers’ compensation benefits.   \n The Full Commission therefore affirms the administrative law judge’s \ndismissal of the claim, without prejudice.   \n IT IS SO ORDERED.   \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H204111 PEGGY CLEMONS, EMPLOYEE CLAIMANT SOUTH COUNTY SCHOOL DISTRICT, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION WORKERS’ COMPENSATION TRUST, INSURANCE CARRIER/TPA RESPONDENT","fetched_at":"2026-05-19T22:29:44.142Z","links":{"html":"/opinions/full_commission-H204111-2025-07-03","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Clemons_Peggy_H204111_20250703.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}