Cecily Williams vs. Custom Craft Poultry, LLC

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207267 CECILY WILLIAMS, EMPLOYEE CLAIMANT CUSTOM CRAFT POULTRY, LLC, EMPLOYER RESPONDENT OHIO SECURITY INS. CO./ LIBERTY MUTUAL GROUP INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER TO DISMISS WITHOUT PREJUDICE FILED AUGUST 16, 2023 Hearing conducted on Tuesday, August 14, 2023, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, Pulaski County, Arkansas. The claimant, Ms. Cecily Williams, pro se, of Little Rock, Pulaski County, Arkansas, failed and/or refused to appear at the hearing. The respondents were represented by the Honorable Jason Ryburn, Ryburn Law Firm, Little Rock, Pulaski County, Arkansas. STATEMENT OF THE CASE A hearing was conducted on Tuesday, August 14, 2023, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2023 Lexis Replacement) and Commission Rule 099.13 (2023 Lexis Replacement). The respondents filed a motion to dismiss (MTD) without prejudice with the Commission on or about June 5, 2023, requesting this claim be dismissed without prejudice for lack of prosecution. Consistent with the applicable Arkansas law, the Commission mailed a copy of both the respondents’ motion to dismiss and the subject hearing notice via the United States Postal Service (USPS), Certified Mail, Return Receipt Requested by letter dated July 14, 2023, to her last known address of record with the Commission. Thereafter, the claimant failed and/or refused to

Cecily Williams, AWCC No.: H207267 2 respond in any way to either the Commission or the respondents; and she failed and/or refused to appear at the subject hearing. The claimant never objected in any way to the respondents’ MTD. The record herein consists of the hearing transcript and any and all exhibits contained therein and attached thereto, as well as the Commission’s entire file in this matter. DISCUSSION Consistent with Ark. Code Ann. § 11-9-702(a)(4) (2022 Lexis Repl.), as well as our court of appeals’ ruling in Dillard vs. Benton County Sheriff’s Office, 87 Ark. App. 379, 192 S.W.3d 287 (Ark. App. 2004), the Commission scheduled and conducted a hearing on the parties’ joint MTD. Rather than recite a detailed analysis of the record, suffice it to say the preponderance of the evidence introduced at the hearing and contained in the record conclusively demonstrates the claimant has both failed and/or refused to prosecute her claim, nor has she requested a hearing within the last six (6) months. Therefore, after a thorough consideration of the facts, issues, the applicable law, and other relevant matters of record, I hereby make the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Commission has jurisdiction of this claim. 2. After the Commission mailed due and legal notice of the respondents’ MTD filed June 5, 2023, to her last known address of record with the Commission, the claimant failed and/or refused to object to the subject MTD; to request a hearing; or to respond to the motion in any way. 3. Moreover, the claimant failed and/or refused to appear at the subject hearing and, therefore, has waived her right to a hearing. 4. Therefore, the respondents’ MTD without prejudice filed June 5, 2023, should be and hereby is GRANTED. 5. Consequently, this claim is dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. § 11-9-702(a) and (b), and Commission

Cecily Williams, AWCC No.: H207267 3 Rule 099.13. This opinion and order shall not be construed to prohibit the claimant, her attorney, any attorney she may retain in the future, or anyone acting legally and on her behalf from refiling this claim if it is refiled within the applicable time periods prescribed by Ark. Code Ann. § 11-9-702(a) and (b). The respondents shall pay the court reporter’s invoice within ten (10) days of their receipt thereof. IT IS SO ORDERED. ______________________________ Mike Pickens Administrative Law Judge MP/mp