Christina Aguilar

1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H305670 CHRISTINA AGUILAR, EMPLOYEE CLAIMANT RAYS HOSPITALITY, LLC, EMPLOYER RESPONDENT FIRSTCOMP INS. CO./ MARKEL SERVICE, INC. CARRIER/TPA RESPONDENT ORDER TO DISMISS WITHOUT PREJUDICE FILED JULY 26, 2024 Hearing conducted on Thursday, July 25, 2024, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Texarkana, Miller County, Arkansas. The claimant, Ms. Christina Aquilar, pro se, of Texarkana, Bowie County, Texas, failed and/or refused to appear at the hearing. The respondents were represented by the Honorable Randy P. Murphy, Anderson, Murphy & Hopkins, Little Rock, Pulaski County, Arkansas. STATEMENT OF THE CASE A hearing was conducted on Thursday, July 25, 2024, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2024) Lexis Replacement) and Commission Rule 099.13 (2024 Lexis Replacement). On April 19, 2024, the respondents filed with the Commission a motion to dismiss this claim without prejudice (MTD) pursuant to the aforementioned statute and Commission rule. Thereafter, pursuant to the applicable law the claimant was provided due and legal notice of both the respondents’ MTD, as well as notice of the subject hearing to her last known of address on record with the Commission via the United States Postal Service (USPS), Certified Mail, Return Receipt

Christina Aquilar, AWCC No. H305670 2 Requested, which she received on May 21, 2024. (Commission Exhibit 1). Thereafter, the claimant failed and/or refused to object and/or respond to the respondents’ MTD or to the Commission’s hearing notice in any way. Moreover, the claimant failed and/or refused to appear at the subject hearing. (Commission Exhibit 1; Respondents’ Exhibit 1). The record herein consists of the hearing transcript and any and all exhibits contained therein and attached thereto. DISCUSSION Consistent with Ark. Code Ann.§ 11-9-702(a)(4) (2024 Lexis Replacement), 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 respondents’ 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 reveals the claimant has failed and/or refused to prosecute her claim at this time. Therefore, after a thorough consideration of the applicable law as applied to the facts of this claim, the issues, and other relevant matters of record, as well as the representations of credible counsel I hereby make the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Commission has jurisdiction of this claim. 2. After having received due and legal notice of the respondents’ motion to dismiss without prejudice filed with the Commission on April 19, 2024, as well as notice of the subject hearing date, time, and place, the claimant failed and/or refused to object and/or to respond to the motion in any way, and she failed and/or refused to appear at the subject hearing. Therefore, she is deemed to have waived her right to a hearing on the respondents’ motion herein. 3. The preponderance of the evidence compels the decision that the respondents’ subject motion to dismiss without prejudice filed April 19, 2024, should be and hereby is

Christina Aquilar, AWCC No. H305670 3 GRANTED; and this claim hereby is dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b), and Commission Rule 099.13. If they have not already done so, the respondents hereby are ordered to pay the court reporter’s invoice within twenty (20) days of their receipt thereof. IT IS SO ORDERED. ____________________________ Mike Pickens Administrative Law Judge MP/mp

Christina Aquilar, AWCC No. H305670 4 MP/mp