1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H407634 CASEY L. CHURCH, EMPLOYEE CLAIMANT TYSON POULTRY, INC., EMPLOYER RESPONDENT TYSON POULTRY, INC./ TYNET CORP. CARRIER/TPA RESPONDENT OPINION FILED AUGUST 22, 2025, GRANTING RESPONDENTS’ MOTION TO DISMISS WITHOUT PREJUDICE Hearing conducted on Thursday, August 21, 2025, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Arkadelphia, Clark County, Arkansas. The claimant, Ms. Casey L. Church, pro se, failed and/or refused to appear at the hearing. The respondents were represented by the Honorable Melissa Wood, Worley, Wood & Parrish, P.A., Little Rock, Pulaski County, Arkansas. STATEMENT OF THE CASE A hearing was conducted on Thursday, August 21, 2025, to determine whether this claim should be dismissed without prejudice pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2025 Lexis Replacement) and 11 C.A.R. Section 25-110(d) (Code of AR Regulations 2025) (formerly cited as Commission Rule 099.13 (2025 Lexis Replacement)). The claimant herein was initially represented by counsel, the Honorable Gregory L. Giles of Texarkana, Arkansas. By order filed May 29, 2025, the Full Commission granted Mr. Giles’s letter motion to be relieved as the claimant’s attorney of record. (Respondents’ Exhibit 1 at 5).
Casey L. Church, AWCC No. H407634 2 The respondents filed a motion to dismiss this claim without prejudice for lack of prosecution (MTD) on June 9, 2025. (RX1 at 6-8). In accordance with the applicable law the claimant was provided due and legal notice of both the respondents’ MTD as well as the date, time, and place of the subject hearing, which she received on June 20, 2025. (Commission Exhibit 1). Thereafter, the claimant failed and/or refused to respond to the respondents’ motion in any way, or to appear at the subject hearing. 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) (2025 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 either actively prosecute her claim or to request a hearing in the last six (6) months. Therefore, after a thorough consideration of the issues at bar, the applicable law as applied to the facts of this claim, and other relevant matters of record including 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 both the respondents’ MTD without prejudice filed with the Commission on June 9, 2025, as well as due and legal notice of the date,
Casey L. Church, AWCC No. H407634 3 time, and place of the subject hearing, the claimant failed and/or refused to respond to the MTD in any way and failed and/or refused to appear at the subject hearing. 3. The claimant has not requested a hearing within the last six (6) months and has taken no steps to raise any issues related to or to prosecute this claim. 4. Therefore, the preponderance of the evidence compels the decision the respondents’ MTD without prejudice filed June 9, 2025, should be and hereby is GRANTED; and this claim is dismissed without prejudice to its refiling pursuant to the deadlines prescribed by Ark. Code Ann. Section 11-9-702(a) and (b) and 11 C.A.R. 25-110(d) (formerly cited as 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
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Source: https://www.labor.arkansas.gov/wp-content/uploads/CHURCH_CASEY_H407634_20250822.pdf. Published by the Arkansas Department of Labor and Licensing, Workers' Compensation Commission. Republished here as a public reference; consult the original PDF for citation.