{"id":"alj-G109153-2023-04-18","awcc_number":"G109153","decision_date":"2023-04-18","opinion_type":"alj","claimant_name":"Whitney Harder","employer_name":"Washington Regional Medical Center","title":"HARDER VS. WASHINGTON REGIONAL MEDICAL CENTER AWCC# G109153 APRIL 18, 2023","outcome":"dismissed","outcome_keywords":["dismissed:10","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HARDER_WHITNEY_G109153_20230418.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARDER_WHITNEY_G109153_20230418.pdf","text_length":2857,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. G109153 \n \nWHITNEY HARDER, Employee        CLAIMANT \n \nWASHINGTON REGIONAL MEDICAL CENTER, Employer RESPONDENT \n \nRISK MANAGEMENT RESOURCES, Carrier/TPA   RESPONDENT \n \n \n OPINION FILED APRIL 18, 2023  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n       \nClaimant represented by JARID M. KINDER, Attorney at Law, Fayetteville, Arkansas; although \nwaiving appearance at the hearing. \n \nRespondent represented by MELISSA WOOD, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn  June  4,  2020,  Jarid  M.  Kinder,  claimant’s  attorney,  filed  a  Form AR-C  requesting \nvarious   compensation   benefits;   however,   no   hearing   was   requested.      A   review   of   the \nCommission  file  indicates  that  a  Motion  to  Dismiss  was  filed  by  the  respondents  on  May  26, \n2021,  requesting  the  claim  be  dismissed  for  lack  of  prosecution.  Mr.  Kinder  filed  a  hearing \nrequest on behalf of the claimant on June 30, 2021. The Motion to Dismiss was held in abeyance \nand a hearing was held on December 7, 2021. An opinion was filed on March 4, 2022, and a Full \nCommission opinion was filed on August 17, 2022. \nA  Motion  to  Dismiss  was  filed  by  the  respondents  on  September  26,  2022,  again \nrequesting  the  claim  be  dismissed  for  lack  of  prosecution.  The  scheduling  of  the  Motion  to \nDismiss  hearing  was  delayed  due  to  a  mileage  issue.  Mr.  Kinder  sent  an  email  on  January  6, \n2023, indicating all issues had been resolved and the claimant had no objection to the dismissal \n\n \nwithout  prejudice.  A  hearing  notice  was  sent  to  all  parties  on  January  11,  2023,  setting  this \nmatter  for  a  dismissal  hearing  on  February  28,  2023.  On  February  27,  2023,  Mr.  Kinder \nconfirmed via email that the claimant had  received the notice of hearing  and that  all issues had \nbeen resolved. Both he and the claimant waived their appearance at the hearing. \nGiven the claimant’s response in this matter as set forth by Mr. Kinder in his email dated \nFebruary  27,  2023,  indicating  that  the  claimant  had  no  objection  to  the  dismissal  of  this  claim \nwithout prejudice, I find that it is appropriate to dismiss this claim.  \nAfter my review of respondents’ Motion to Dismiss and all other matters properly before \nthe Commission, I  find that respondents’ Motion to Dismiss this claim should be and hereby is \ngranted pursuant to Commission Rule 099.13. This dismissal is without prejudice.   \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G109153 WHITNEY HARDER, Employee CLAIMANT WASHINGTON REGIONAL MEDICAL CENTER, Employer RESPONDENT RISK MANAGEMENT RESOURCES, Carrier/TPA RESPONDENT OPINION FILED APRIL 18, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington ...","fetched_at":"2026-05-19T23:08:35.254Z","links":{"html":"/opinions/alj-G109153-2023-04-18","pdf":"https://labor.arkansas.gov/wp-content/uploads/HARDER_WHITNEY_G109153_20230418.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}